Ram Chandar Sada @ Ram Chandra Sada And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33754 of 2017 Arising Out of PS. Case No.-258 Year-2016 Thana- CHHATAPUR District- Supaul ====================================================== 1.

Ram Chandar Sada @ Ram Chandra Sada, son of Bishan Sada @ Vishan Sada 2.

Laxman Sada son of Bishan Sada @ Vishan Sada 3.

Pulkit Sada son of Mangan Sada 4.

Rajesh Sada son of Nandal Sada 5.

Nandal Sada son of Fudan Sada @ Phudan Sada @ Nandal Sada 6.

Sikendra Sada @ Sikandar Sada son of Kunkun Sada 7.

Heera Lal Sada son of Ram Prasad Sada, all Resident of VillageMadhopur, P.S.- Chhatapur, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Jha For the Opposite Party/s :

Mr. SMT. PUSHPA SINHA ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 30-08-2017 Heard learned counsels for the petitioners and the State. Petitioners apprehend arrest in connection with Chhatapur P.S. Case No. 258 of 2016 registered for the offence punishable under section 307 and other allied sections of the Indian Penal Code.

Learned counsels appearing for the petitioners submits that there is case and counter case between the parties on account of admitted land dispute. All the injuries sustained have been found to be simple caused by hard and blunt substance. Allegations are general and omnibus. Petitioners have no criminal antecedent.

Patna High Court Cr.Misc. No.33754 of 2017(3) dt.30-08-2017 2/2 Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that there is allegation of assault against these petitioners. Allegations are specific against petitioner nos. 1, 2 & 7 of assaulting which is supported by the injury report.

Considering the facts and circumstances of the case and the submissions of advanced on behalf of the parties, let the petitioner nos. 3, 4, 5 & 6, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IV, Supaul in connection with Chhatapur P.S. Case No. 258 of 2016 subject to the conditions laid down under section 438(2) Cr.P.C. However, considering the nature of allegations levelled against petitioner nos. 1, 2 & 7 which is supported by the injury report, I am not inclined to grant them the privilege of anticipatory bail. Their prayer for anticipatory bail is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T