Gauri Sah And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18857 of 2019 Arising Out of PS. Case No.-182 Year-2010 Thana- KISHUNPUR District- Supaul ====================================================== 1.

GAURI SAH Son of Late Loday Sah Resident of Village- Kishanpur (ward no.11) Tharbitia, P.S.- Kishanpur, District- Supaul. 2.

Dinesh Sah, Son of Gauri Sah Resident of Village-Kishanpur (ward no.11), Tharbitia, P.S.-Kishanpur, District-Supaul 3.

Pradeep Sah, Son of Gauri Sah Resident of Village-Kishanpur (ward no.11), Tharbitia, P.S.-Kishanpur, District-Supaul ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-05-2019 This application, for grant of anticipatory bail, arises out of Kishanpur P.S. Case No. 182 of 2010, disclosing offences under Sections 147, 148, 149, 324, 326, 307, 457, 379 of the Indian Peal Code.

Allegation against the petitioner is of assault to the informant causing injury to him.

Submission of learned counsel for the petitioner is that the police after investigation submitted charge-sheet against the petitioner under bailable sections of the Indian Penal Code and petitioners were given the benefit of Section 41A Cr.P.C. and were released on personal bonds, however, cognizance has

Patna High Court CR. MISC. No.18857 of 2019(4) dt.06-05-2019 2/2 also been taken under Section 307 of the Indian Penal Code and due to which, the petitioner has moved this Court for grant of anticipatory bail.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of this case and also the fact that petitioners were earlier granted the privilege of section 41A Cr.P.C., as such, let petitioners surrender before the court below within a period of four weeks and pray for regular bail and if any such application is filed, the court below shall pass an appropriate order after considering the materials available on record as also the fact that petitioners were earlier granted the privilege of section 41A Cr.P.C. and were released by the police and they have also not misused the said privilege.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T