Patna High CourtCR. MISC./22947/2020partly allowed disposal

Awadhesh Kumar @ Awadhesh Sah v. The State Of Bihar

2020-10-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22947 of 2020 Arising Out of PS. Case No.-83 Year-2020 Thana- SHEOHAR District- Sheohar ====================================================== 1.

AWADHESH KUMAR @ AWADHESH SAH, Son of Keshwar Sah, Resident of Village - Kahtarwa, P.S.- Sheohar, District- Sheohar 2.

Keshwar Sah, Son of Late Janki Sah, Resident of Village - Kahtarwa, P.S.- Sheohar, District- Sheohar 3.

Shyam Sundar Kumar @ Shyam Sundar Sah, Son of Rambabu Sah, Resident of Village - Kahtarwa, P.S.- Sheohar, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar, Advocate For the Opposite Party/s :

Mrs. Suchita Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-10-2020 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Sheohar P.S. Case No. 83 of 2020 for the offence under Sections 147, 149, 307, 323, 337, 448 and 504 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioner nos. 1 and 2 have got no criminal antecedent whereas petitioner no.3 is accused in Sheohar P.S. case no. 288 of 2019. He further submits that there is case and counter case. He further submits that petitioner no.2 lodged Sheohar P.S. case no. 87 of 2020 against the informant and five others. Considering the fact that petitioner nos. 1 and 2 have

Patna High Court CR. MISC. No.22947 of 2020(2) dt.01-10-2020 2/2 got no criminal antecedent and also the fact that there is case and counter case and the informant and the petitioners are Pattidars and there is land dispute between the parties, the petitioner nos.1 and 2 named above, in the event of arrest or surrender before the court below within one month from the date of communication of this order, are directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 83 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

So far as petitioner no.3, Shyam Sundar Kumar @ Shyam Sundar Sah, is concerned, the Court is not inclined to grant anticipatory bail to him. Accordingly, his prayer for grant of anticipatory bail is rejected. However, he may surrender before the court below within one month from today and prays for regular bail, which shall be considered and disposed of on the same day without being prejudiced by the order of this Court.

(Anil Kumar Upadhyay, J) uday/- U