Hanuman Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17496 of 2015 Arising Out of PS.Case No. -30 Year- 2014 Thana -BABUBARHI District- MADHUBANI ======================================================
1. Hanuman Sah Son of Prakash Sah,
2. Pramod Sah, Son of Umesh Sah,
3. Balam Sah, Son of Satrughan Sah,
4. Pawan Sah Son of Shauker Sah,
5. Kanhaiya Sah, Son of Satrughan Sah,
6. Ajay Kumar Sah @ Ajay Sah, Son of Ram Ashis Sah,
7. Mohan Sah, Son of Satrughan Sah,
8. Bajrangi Kumar Sah @ Bajangee Sah, Son of Raj Kumar Sah, Resident of Village - Babubarhi Bazar,P.S. - Babubarhi, District - Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Gopesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-05-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 143, 341, 323, 324, 328, 354 of the Indian Penal Code and 3(1) (xi) of the S.C./S.T.(Prevention of Atrocities) Act. Accusation is of misbehaving with the informant, pouring colors and making assault on the eve of Holi festival.
It is submitted by the learned counsel for the petitioner that the First Information Report was registered on
Patna High Court Cr.Misc. No.17496 of 2015 (2) dt.15-05-2015 17.03.2014 but the same reached to the learned court below on 23.05.2014 which suggests that First Information Report was registered by ante dating. It is submitted that the informant has retracted from the initial version and filed a petition to that effect before learned court below. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Madhubani in connection with Babubarhi P.S. Case No. 30 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T