Rajendra Prasad Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8846 of 2017 Arising Out of PS.Case No. -194 Year- 2016 Thana -LAUKHI District- MADHUBANI ======================================================

1. Rajendra Prasad Sah son of Late Kameshwar Sah

2. Manu Kumar Sah @ Navnit Kumar @ Manu Kumar

3. Manit Kumar Kanu Both Sons of Sri Rajendra Prasad Sah All residents of Village - Sonvarsha, P.S. - Laukahi, District - Madhubani. .... .... 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. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 It is submitted on behalf of the petitioners that grand mother of the petitioner no.2 and 3 has died, as such the present case has been taken out of turn.

Heard the parties.

This application has been filed in connection with Laukahi P.S.Case No.194 of 2016 G.R.No.1770 of 2016 for the offence under Sections 147, 148,149, 341, 323, 324, 307, 448, 380, 504 and 506 of the Indian Penal Code and 27 of the Arms Act. It is submitted on behalf of the petitioners that there is allegation that the petitioners along with 15 other persons had come to the "Atta Chakki" of the informant and there was indiscriminately firing. They snatched the cash from the box,

Patna High Court Cr.Misc. No.8846 of 2017 (2) dt.23-02-2017 2/2 however, no specific allegation has been levelled against the petitioners and there is general and omnibus allegation against them. Apart from that the learned counsel for the petitioners has drawn my attention towards the statement made in Para Nos. 6, 7, 10, 11 and 12 of the petition, showing that there was dispute between the parties with respect to consumption of the electricity and there was also altercation earlier, as such the petitioners have been falsely implicated in this case.

Heard learned A.P.P. also.

Having heard both sides. In view of the allegation as well as materials available, let the petitioners surrender before the court below and the learned court below will allow them provisional bail of Rs.25,000/- (Twenty five thousand) each of the like amount subject to condition that if any specific materials will come against any of the petitioners, the prosecution is free to move for cancellation of their bail bond.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U