Bharat Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43776 of 2015 Arising Out of PS.Case No. -122 Year- 2014 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================
1. Bharat Sah
2. Ramjee Sah, Both Sons of Shio Nath Sah, resident of village - Sion, P.S. - Bhabua, District - Kaimur (Bhabua).
3. Manoj Gupta, Son of Basantu Sah,
4. Basantu Sah, Son of Late Beni Sah, Both resident of village - Patesar, P.S. - Chand, District - Kaimur (Bhabua).
5. Ambika Gupta @ Amit Kumar Singh, Son of Nagina Sah,
6. Nagina Sah, Son of Baul Sah, Both resident of village - Khajura, P.S. - Belaon, District - Kaimur (Bhabua).
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. S.D.Singh Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-10-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
The prosecution case is that the brother of the informant poured petrol on the body of the son of the informant when petitioner no. 1 Bharat Sah lit the fire while other co accused persons caught hold of the victim.
It is submitted by the learned counsel for the petitioners that since the son of the informant committed suicide hence due to
Patna High Court Cr.Misc. No.43776 of 2015 (3) dt.29-10-2015 2/3 property dispute the petitioners have been roped in the present case. It is further submitted by the learned counsel for the petitioners that on conclusion of investigation, the petitioners were not sent up for trial but differing with the final form cognizance has been taken.
It is submitted by learned counsel for the informant that accusation is specific in the FIR against co accused Sheo Nath Sah and petitioner no. 1 Bharat Sah.
Let the learned court below consider the prayer for regular bail of the petitioner no. 1 Bharat Sah in case the petitioner no. 1 surrenders within six weeks from today in connection with Bhabua P.S. Case No. 122 of 2014 pending in the court of learned C.J.M. Kaimur at Bhabua.
So far as petitioner nos. 2 to 6 are concerned, since there is no accusation against them either of pouring petrol or of litting fire and statement made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let the above named petitioner nos. 2 to 6 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 CJM, Kaimur at Bhabua
Patna High Court Cr.Misc. No.43776 of 2015 (3) dt.29-10-2015 3/3 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