Badri Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47495 of 2016 Arising Out of PS.Case No. -595 Year- 2016 Thana -SAHARSA District- SAHARSA ======================================================

1. Badri Sah son of Late Ganeshi Sah

2. Rajesh Sah son of Badri Sah

3. Vikesh Sah son of Badri Sah All are residents of village - Rupnagar, Tola Dhamsaihi, Ward No.40, Police Station + District - Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Harun Quareshi For the Opposite Party/s : Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-12-2016 Heard the learned counsel for the petitioners and the learned A.P.P. representing the State.

The petitioners seek anticipatory bail in connection with Saharsa Sadar P.S. Case No. 595 of 2016 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code. Allegedly, the petitioners and other F.I.R. named accused persons came with arm and the petitioner, namely, Badri Sah having armed with Farsa, Rajesh Kumar having armed with Farsa and Bikesh Kumar having Khanti assaulted the informant, ,his brother, his Bhabhi and his father causing injury on the head resulting they became unconscious. Submission is of false implication and that there is

Patna High Court Cr.Misc. No.47495 of 2016 (2) dt.14-12-2016 2/2 a case and counter case and now, due to intervention of wellwisher, the parties have compromised the case and compromise petition has already been filed vide Annexure-3 and, as such, now, the petitioners deserve sympathetic consideration. The injuries found are simple except the injury of Chhedan Sah which has been kept reserve.

Learned A.P.P. opposes the prayer of bail by submitting that against the petitioners, there is a specific allegation.

In the facts and circumstances stated above, considering the compromise arrived at between the parties, now, the petitioners in case of their arrest or surrender before the court below within one month from the date of receipt / production of a copy of this order shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 595 of 2016, subject to the conditions as laid down in Section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J) ajaypd./- U T