Harendra Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63575 of 2018 Arising Out of PS. Case No.-148 Year-2017 Thana- KUNDWACHAINPUR District- East Champaran ======================================================

1. Harendra Sah Son of late Bhola Sah

2. Rajdeo Sah Son of late Bhola Sah

3. Pramod Sah Son of late Rajbalam Sah All resident of VillageKharuhi Barafarid, P.S. Kundwa Chainpur, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur For the Opposite Party/s :

Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

The prosecution case, in short, is that while the informant was returning to his house, the accused persons stopped the informant and abused him. On objection, he was assaulted by them due to which he sustained injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.63575 of 2018(2) dt.11-10-2018 2/2 petitioners. The petitioner has falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikrahana at Dhaka, East Champaran in connection with Chainpur P.S. Case No. 148/2017, G.R. Case No. 1345 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T