Sunil Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41745 of 2015 Arising Out of PS.Case No. -195 Year- 2015 Thana -MARHAURA District- SARAN ======================================================
1. Sunil Sah Son of Rajeshwar Sah
2. Umesh Sah Son of Laldev Sah
3. Laldeo Sah alias Baldeo Sah Son of Ramprit Sah
4. Raja Sah Son of Kameshwar Sah
5. Kameshwar Sah Son of Ramprit Sah
6. Shriram Sah alias Sriram Kumar Sah Son of Kameshwar Sah
7. Lalan Sah Son of Kameshwar Sah
8. Rajeshwar Sah Son of Ramprit Sah
9. Bablu Sah @ Baldev Sah Son of Ramprit Sah All resident of village - Hathisar Korar, Police Station Marhowrah, District - Saran at Chapra .... .... Petitioner/s
Versus
09. The State of Bihar .... .... Opposite Party/s Appearance :
For the Petitioner/s : Mr. Shrinath For the Opposite Party/s : Mr. Shailendra Kumar Singh(App) CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-10-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,324,307 and 504/34 of the Indian Penal Code. The prosecution case is that the informant forbade the accused persons to cut the bamboo then petitioner no. 6 made an attempt to assault the informant with an axe on the neck whereas petitioner Lalan Sah assaulted on the chick with saw and petitioner nos. 3 and 8 assaulted with khanti and spade whereas others assaulted the informant with lathi and danda.
Patna High Court Cr.Misc. No.41745 of 2015 (2) dt.09-10-2015 2/2 It is submitted by the learned counsel for the petitioners that except one injury, other injuries have been found to be simple. There is counter version of the occurrence also. Considering the aforesaid facts, let the learned court below consider the prayer for regular bail of the above named petitioner nos. 3,6,7 and 8 keeping in view the fact that the accusation has been levelled in the background of dispute with regard to cutting of bamboo in case they surrender within six weeks from today in connection with Marhowrah P.S. Case No. 195 of 2015 pending in the court of learned J.M. Ist Class, Saran at Chapra. So far as petitioner nos.
1,2,4,5 and 9 above named are concerned, let them be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Saran at Chapra, in connection with the aforementioned case subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T