Budhan Sah And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.8685 of 2018 (2) dt.17-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8685 of 2018 Arising Out of PS.Case No. -44 Year- 2015 Thana -ANDHRAMATH District- MADHUBANI ======================================================

1. Budhan Sah, Son of Khushi Lal Sah

2. Jai Prakash Sah, son of Dhanik Lal Sah, All Resident of Village- Bikram Ser, P.S. Andhramath, District Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Andhra Math P.S. Case No. 44 of 2015 registered under Sections 147, 149, 341, 323, 324, 307, 427 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act. The accusation is that eight persons named in the F.I.R. including the petitioners reached at the field of the informant, Prabhu Yadav, where soil was being cut through J.C.B. Machine and all started to damaged the glass of J.C.B. Machine and also damaged the tyre of the J.C.B. Machine by firing and ladies members also cut the tyre of the same vehicle through

Patna High Court Cr.Misc. No.8685 of 2018 (2) dt.17-02-2018 sword. When the informant made protest then on the order of Ram Bilash Sah, Indra Devo Sah shot fire causing injury at the belly of the informant. Thereafter, Bhutkun Devi, also caused injury through sword at his head. At that time, Braham Deo Sah also shot fire at Sanjay Yadav causing injury at his left hand. Learned counsel for the petitioners submits that while the petitioners are named in the F.I.R., but no specific overt act has been attributed against them. Further submission is that petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, 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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Jhanjharpur, Madhubani, in connection with Andhra Math P.S. Case No. 44 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T