Dashrath Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25643 of 2019 Arising Out of PS. Case No.-109 Year-2018 Thana- MORKAHI District- Khagaria ====================================================== 1.
Dashrath Sah Son of Late Biranchi Sah Resident of Village - Banher, P.S.- Morkahi, Distt - Khagaria.
2.
Ram Sogarath Sah @ Bhaglu Sah Son of Shivu Sah @ Shibu Sah Resident of Village - Banher, P.S.- Morkahi, Distt - Khagaria. 3.
Pappu Sah Son of Late Upendra Sah Resident of Village - Banher, P.S.- Morkahi, Distt - Khagaria.
4.
Hemant Sah Son of Dashrath Sah Resident of Village - Banher, P.S.- Morkahi, Distt - Khagaria.
5.
Mukesh Sah Son of Dashrath Sah Resident of Village - Banher, P.S.- Morkahi, Distt - Khagaria.
6.
Nago Sah Son of Late Mahavir Sah Resident of Village - Banher, P.S.- Morkahi, Distt - Khagaria.
7.
Kamleshwari Sah Son of Late Ram Swaroop Sah Resident of Village - Banher, P.S.- Morkahi, Distt - Khagaria.
8.
Sanoj Sah @ Saroj Sah Son of Kamleshwari Sah Resident of Village - Banher, P.S.- Morkahi, Distt - Khagaria.
9.
Rastrapati Sah @ Raspati Sah Son of Late Upendra Sah Resident of Village - Banher, P.S.- Morkahi, Distt - Khagaria.
10.
Pramila Devi Wife of Kamleshwari Sah Resident of Village - Banher, P.S.- Morkahi, Distt - Khagaria.
11.
Subodh Sah Son of Late Upendra Sah Resident of Village - Banher, P.S.- Morkahi, Distt - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mrityunjay Kumar For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-04-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in a case
Patna High Court CR. MISC. No.25643 of 2019(2) dt.26-04-2019 2/3 registered under Sections 147, 149, 341, 323, 504, 506, 307 and 354(B) of the Indian Penal Code.
Petitioners along with two other F.I.R. named accused persons are said to have objected the shuttering of the roof getting done by the informant and his brother and on protest they assaulted the informant, his aunt Mina Devi and Bhabho Khusboo Devi by means of lathi inflicting injury to them.
It is submitted by learned counsel for the petitioners that the petitioners have no concern with the aforesaid occurrence. They have been falsely implicated in the case. There is case and counter case between the parties. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Injuries found on the person of the victims are simple in nature. Petitioners have no criminal antecedent.
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 learned Court below within a period of four 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 S.D.J.M.,
Patna High Court CR. MISC. No.25643 of 2019(2) dt.26-04-2019 3/3 Khagaria in connection with Morkahi P.S. Case No. 109 of 2018, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) mantreshwar/- U T