Chandan Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38739 of 2018 Arising Out of PS.Case No. -22 Year- 2018 Thana -MAHESI District- SAHARSA ======================================================

1. Chandan Sah, S/o Ravindra Sah,

2. Panchdeo Sah @ Rinku Sah S/o Mohan Sah,

3. Mahesh Sah S/o Late Ganga Bishun Sah, All are R/o Vill.- Pokhar Bhinda, P.S.- Mahishi, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with mahishi P.S.Case no.22 of 2018 , registered for offences punishable under Sections 341, 323, 324, 307 and 504 of the Indian Penal Code.

Allegation against the petitioner no.1 is of assault to the informant by iron rod and against petitioner no.2 of assault to the informant by Dabiya and against petitioner no.3 assault to the son of the informant by Dabia causing injury to them. Submission of the learned counsel for the petitioners is that there is case and counter case and the injuries are found to be simple in nature except one on the person of the son of the informant by the petitioner no.3 which is grievous in nature, on the head and the persons from the petitioners' side also have received

Patna High Court Cr.Misc. No.38739 of 2018 (2) dt.04-07-2018 2/2 injuries.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa in connection with Mahishi P.S.Case No.22 of 2018 subject to condition as laid down under Section 438

(2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U