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Patna High CourtCR. MISC./75301/2018partly allowed disposal

Pandav Sah And ORS v. The State Of Bihar

2018-12-19Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75301 of 2018 Arising Out of PS. Case No.-187 Year-2017 Thana- CHANDAN District- Banka ======================================================

1. Pandav Sah

2. Satish Kumar Sah@ Chhatish Sah, Both son of Mathuri Sah resident of village Jaipur PS. Katoriya Dist. Banka

3. Munna Sah, son of Keshori Sah resident of village Khera P.S Rajoun Dist. Banka

4. Akshay Kumar Sah & Akshya Sah son of Okil Sah

5. Ajit Sah @ Ajit Kumar son of Akshya Kumar Sah & Akshya Sah Both the resident of village Heeraraidih P.S. Chandan Dist. Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Balram Kapri, Advocate For the Opposite Party/s :

Mr. Sri Rajkishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are apprehending their arrest for the offences punishable under Sections 341, 323, 324, 308, 504/34 of Indian Penal Code.

It is submitted by counsel for the petitioners that there is no specific allegation against the petitioners no. 2 to 5. From the FIR it is apparent that the allegation of assaulting the informant on back of his head with Tangi is attributed to petitioner no. 1. The injuries have also been found corroborating the said allegation.

Considering the aforesaid circumstances, the prayer for anticipatory bail on behalf of petitioner no. 1 is rejected. Considering the submissions that there is general and

Patna High Court Cr.Misc. No.75301 of 2018(2) dt.19-12-2018 2/2 omnibus allegation against the petitioners no. 2 to 5, prayer for anticipatory bail of the petitioners no. 2 to 5 is allowed. Let the petitioners no. 2 to 5, in the event of their arrest or surrender within four weeks from today, be released on bail on their furnishing bonds of Rs 10,000.- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in Chandan (Anandpur) P.S. Case No. 187 of 2017 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.

(i)That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners.

(ii) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. (Madhuresh Prasad, J) Prakash/- U