Rajeshwar Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21467 of 2017 Arising Out of PS.Case No. -1040 Year- 2016 Thana -SAHARSA District- SAHARSA ======================================================
1. Rajeshwar Sah.
2. Ashok Sah.
3. Vinod Sah.
4. Radhey Shaym Sah @ Radheyshayam Sah all sons of Dhaneshwar Sah.
5. Surendra Sah @ Surendra kumar Sah.
6. Gajendra Sah@ Gajendra Kumar Sah. Both sons of late Dileshwar Sah All Resident of Mohalla- Khara ward No 24, Police station & District Saharsa.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Diwakar Prasad Singh, Advocate. For the Opposite Party : Mr. Md. Fahimuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2017 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Saharsa P.S. Case No. 1040 of 2016 for the offences instituted under Sections 147, 148, 149, 341, 384, 386, 387, 379, 504 and 506 of the IPC.
The prosecution story, in brief, is that on 05.12.2016, the informant had gone to see his paddy field where he saw the FIR
Patna High Court Cr.Misc. No.21467 of 2017 (2) dt.24-05-2017 2/3 named accused persons were cutting his standing paddy crop from his field then he made objection. It is further alleged that accused Radhey Shyam Sah put pistol in the temple of the informant to create fear and also demanded Rangdari and when the informant refused to pay any Rangdari then he was fisted and slapped and snatched his golden chain and while they were retreating also gave threatening.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case. The land in question belongs to the petitioners. The date of occurrence is 05.12.2016 and the case has been instituted on 16.12.2016. The delay has not been explained by the prosecution. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Saharsa P.S. Case No. 1040/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction
Patna High Court Cr.Misc. No.21467 of 2017 (2) dt.24-05-2017 3/3 of the learned C.J.M., Saharsa, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T