Lal Dhari Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.71021 of 2018 Arising Out of PS. Case No.-161 Year-2018 Thana- BATHNAHA District- Sitamarhi ======================================================
1. Lal Dhari Sah Son of Late Rup Lal Sah
2. Mukesh Sah Son of Lal Dhari Sah
3. Lal Bilhari Sah Son of Late Rup Lal Sah All Resident of Village-Vishanpur,P.S. Bathnaha,Distt.-Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Bhushan Kumar For the Opposite Party/s :
Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State as well as informant. The petitioners are apprehending their arrest in connection with Bathnaha P.S. Case No. 161 of 2018 for the offence under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioners submits that petitioners have no criminal antecedents and there is no specific allegation of overt act levelled against the petitioners. He further submits that allegation levelled against the petitioners are general omnibus.
Learned counsel for the informant submits that not only Rakesh and Ramesh these three petitioners have also
Patna High Court Cr.Misc. No.71021 of 2018(2) dt.17-12-2018 2/2 participated in the assault.
Having regard to the facts that petitioners have no criminal antecedent and there is no allegation of specific overt act causing injury to the informant against these petitioners, the Court is inclined to grant privilege of anticipatory bail to the petitioners, let the petitioners above named, in the event of arrest or surrender within one month from today, 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 the Court of learned Chief Judicial Magistrate, Sitamarhi, in connection with Bathnaha P.S. Case No. 161 of 2018, subject to the conditions as laid down under Section 438 Cr.P.C. (Anil Kumar Upadhyay, J) T.Kr./Rashid U T