Ganga Prasad Sah And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.22688 of 2015 (3) dt.21-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22688 of 2015 Arising Out of PS.Case No. -175 Year- 2014 Thana -PIPRA District- SUPAUL ======================================================

1. Ganga Prasad Sah

2. Shambhu Narayan Sah Both Son of Dowrit Sah Resident of village - Dulari, P.S. Pipra, Distt. - Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Anand For the Opposite Party/s : Mr. Smt. Indu Bala Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 147, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

It is alleged by the informant that on 28.10.2014 when he was burying peg in the land all the accused persons armed with Katta, farsa, spade and in the meanwhile co-accused Hari Sah pointed fire arm on his chest and his brother gave farsa blow on his head. The informant fell down and was moved to Hospital where he regained his consciousness and saw his son hospitalized in unconscious position. He returned his house and found that all the accused persons removed the entire articles from his house and ornaments and other articles from the possession of

Patna High Court Cr.Misc. No.22688 of 2015 (3) dt.21-09-2015 his wife.

Learned counsel for the petitioners submits that petitioners have got no criminal antecedent. It is a case and counter case. From perusal of the FIR and the case diary, it would appear that the main allegation is against Harinarayan Sah and Prakash Sah. As far as the petitioners are concerned, no specific allegations have been attributed against them and there is general and omnibus allegation against the petitioners. On behalf of the State, it has been submitted that the petitioners are named in the FIR and they have actively participated in the alleged occurrence.

Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Supaul in connection with Pipra P.S.Case No.175 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sudhir Singh, J) B.Kr./- U T