Wakil Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24318 of 2017 Arising Out of PS.Case No. -180 Year- 2016 Thana -SISWAN District- SIWAN ======================================================

1. Wakil Sah, Son of Chandeshwar Sah,

2. Mithun Sah @ Mithun Kumar Gond, Son of Rameshwar Sah,

3. Sumit Sah, Son of Rameshwar Sah,

4. Jai Prakash Sah, Son of Chandeshwar Sah, All Resident of Village- Naya Gaon, Police Station- Siswan, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Niranjan Kumar Mr. Santosh Kumar For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Siswan (Chainpur O.P.) P.S. Case No. 180/2016 registered under Sections 147, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

The accusation is that the informant Rajiv Prasad Narayan Singh had gone to his field for sowing wheat in village Nayagaon with tractor where the petitioners and one Chandeshwar Sah came variously armed with weapons and started to abuse. When the informant made protest, then, Chandeshwar Sah snatched his golden chain worth Rs. 60,000/- and petitioner no. 2 took Rs. 2,000/-

Patna High Court Cr.Misc. No.24318 of 2017 (4) dt.07-09-2017 2/2 to the informant and Petitioner no. 3 Sumit Sah took wheat seed worth Rs. 1000/-.

Learned counsel for the petitioners submits that the informant along with others started to plough the land of the petitioners forcibly, for which protest was made. Then informant and others assaulted the petitioners. On the basis of written report of coaccused Chandeshwar Sah SC/ST P.S. Case No. 31/2016 is also instituted on 07.12.2016. Moreover, the injury, found on the person of the informant, is simple in nature.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the Court below within a period of six 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 the learned 1st Additional Sessions Judge, Siwan in connection with Siswan (Chainpur O.P.) P.S. Case No. 180/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J.) Rakhi U T