Anil Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20996 of 2015 Arising Out of PS.Case No. -368 Year- 2014 Thana -PANCHRUKHI District- SIWAN ======================================================
1. Anil Sah Son of Late Algu Sah
2. Rajendra Sah @ Rajendra Prasad Son of Late Algu Sah
3. Pundeo Sah @ Punyadeo Prasad Son of Late Algu Sah
4. Prabhu Sah Son of Late Algu Sah
5. Dharmendra Sah @ Dharmendra Kumar
6. Brajesh Sah @ Brajesh Kumar, 5 and 6 are son of Rajendra Sah @ Rajendra Prasad
7. Guddu Sah Son of Pundeo Sah @ Punyadeo Prasad
8. Rakesh Sah @ Rakesh Kumar Sah Son of Prabhu Sah
9. Tappu Singh Son of Collector Singh
10. Sonu Sah Son of Anil Sah All Residents of village - Jasauli Tola - Jurihata, Police Station - Pachrukhi, District - Siwan .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-05-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 325, 353, 384, 504 and 506 of the Indian Penal Code and Section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act. It is alleged by the informant being the Agriculture Advisor that the accused persons abused him by calling caste name, demanded extortion of Rs.500/-, made assault and took away the documents.
Patna High Court Cr.Misc. No.20996 of 2015 (2) dt.20-05-2015 2/2 It is submitted by learned counsel for the petitioners that in fact no injury was caused to the informant and simply due to hot exchange, the accusation has been levelled. For the occurrence of 19.12.2014 at 7 PM, the FIR was registered on 20.12.2014 at 11 AM which reached to the court of learned SDJM on 22.12.2014 which suggest the institution of the FIR by antedating. The informant has subsequently retracted from his initial version and filed a petition to that effect before the learned court below. The accusation is omnibus and general against all the accused persons. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Siwan in connection with Pachrukhi P.S. Case No. 368 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T