Pinku Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36362 of 2017 Arising Out of PS.Case No. -151 Year- 2016 Thana -SAUR BAZAR District- SAHARSA ======================================================
1. Pinku Sah, Son of Digo Sah,
2. Sintu Sah @ Sinku Sah, Son of Digo Sah,
3. Vikesh Sah @ Vikash Sah, Son of Digo Sah,
4. Sudhir Sah, Son of Digo Sah,
5. Manoj Sah, Son of Nago Sah,
6. Bijendra Sah @ Bijendar Sah, Son of Bhulo Sah, All resident of Village- Suhath, P.S.- Sour Bazar, District- Saharsa. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners, in the present case, are seeking regular bail in connection with Sour Bazar P.S. Case No.151 of 2016, registered for offences alleged under Sections 147, 148, 149, 341, 323, 324, 302, 379, 504 and 506 of the Indian Penal Code. Learned counsel for the petitioners submits that a perusal of the First Information Report would show that there are general and omnibus allegations against these petitioners who were lashed with lathi and iron rod. Learned counsel submits that specific allegation of assault on the head of the father of the
Patna High Court Cr.Misc. No.36362 of 2017 (2) dt.10-08-2017 informant is upon one Bipin Kumar, who is said to have given a blow by 'Dabiya'. So far as the present petitioners are concerned, their case is standing on equal footing with Nago Sah, Bhulo Sah, Digo Sah, Sanjay Sah and Sukil Sah, who have already been granted regular bail by a coordinate Bench of this Court in Cr.Misc.No.3112 of 2017 and Cr.Misc.No.22947 of 2017. Learned APP for the State opposed the prayer for bail. However, from the materials available on the record, no distinction could be made out in the case of these petitioners with that of those who have been enlarged on bail by a coordinate Bench of this Court.
Considering the facts and circumstances of the case, let the petitioners, namely, Pinku Sah, Sintu Sah @ Sinku Sah, Vikesh Sah @ Vikash Sah, Sudhir Sah, Manoj Sah and Bijendra Sah @ Bijendar Sah be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Sour Bazar P.S. Case No.151 of 2016, subject to the conditions U/S 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J) Arvind/- U T