Bira Sah And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51665 of 2015 ======================================================

1. Bira Sah

2. Niraj Sah @ Dhur Sah Both sons of Bachawan Sah, resident of Village Daniyal Parsauna, P.S.- Sathi, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Aditya Nath Jha For the Opposite Party/s : Mr. Satyendra Narayan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-11-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seeks anticipatory bail in connection with Sathi P.S. Case No. 179 of 2015 registered under Sections 147, 148, 149, 323, 324, 307, 379, 448 and 504 of the Indian Penal Code.

Regard being had to the fact that petitioner no.1 Bira Sah is alleged to have assaulted the informant with lathi, I am not inclined to grant him anticipatory bail. Accordingly, his application for anticipatory bail is rejected. So far as petitioner no.2 Niraj Sah @ Dhur Sah is concerned, he is not alleged to have assaulted either the informant or his brother.

Patna High Court Cr.Misc. No.51665 of 2015 (2) dt.05-11-2015 2/2 In that view of the matter, in the event of arrest or surrender before the court below within six weeks from today, the petitioner no.2 Niraj Sah @ Dhur Sah is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bettiah, West Champaran in connection with Sathi P.S. Case No. 179 of 2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T