Mukesh Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28812 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Mukesh Sah
2. Laxman Sah
3. Rakesh Sah All sons of Asharfi Sah
4. Bagar Sah son of late Kanhai Sah
5. Hiraman Sah son of late Bachcha Sah
6. Lutani Devi wife of Mukesh Sah
7. Shanti Devi wife of Laxman Sah All residents of village - Math Lohiyar, P.S. Harsidhi, District- East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 25-07-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Harsidhi P.S. Case No.24 of 2016 registered under Sections 341, 342, 323, 324, 504 and 379 of the Indian Penal Code. It is contended that apart from Section 379 of the Penal Code all other Sections are bailable in nature. There is a case and counter case between the parties. The allegation of theft made against the petitioners is nothing but an attempt to make the
Patna High Court Cr.Misc. No.28812 of 2016 (2) dt.25-07-2016 2/2 offence more serious in nature. It is also submitted that all the petitioners are of one family and they have no criminal antecedent. Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioners. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioners, namely, Mukesh Sah, Laxman Sah, Rakesh Sah, Bagar Sah, Hiraman Sah, Lutani Devi and Shanti Devi are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Harsidhi P.S. Case No.24 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S./- U T