Rajendra Sah @ Rajna Sah @ Rajna And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.12066 of 2018 (3) dt.28-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12066 of 2018 Arising Out of PS.Case No. -147 Year- 2017 Thana -PALASI District- ARRARIA ======================================================

1. Rajendra Sah @ Rajna Sah @ Rajna, son fo late Anandi Prasad Sah

2. Rajesh Sah, son of late Anandi Prasad Sah

3. Monu Sah, son of rajesh Sah alias Rajesh Kumar Sah, all are resident of Village Baluwa Kaliaganj, P.S. Palasi District Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in a case instituted for the offences under Sections 341, 323, 325, 307, 379 and 504/34 of the Indian Penal Code.

There is direct allegation against Rajendra Rah to have caused injury on the head of the informant by iron rod. It has been alleged against Rajesh Sah that he has taken away the golden chain of the informant and there is allegation of scuffle of sister of the informant. By Monu Sah.

Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioner nos. 2 and 3, namely, Rajesh Sah and Monu Sah,

Patna High Court Cr.Misc. No.12066 of 2018 (3) dt.28-02-2018 be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, IIIrd, Araria in connection with Palasi P.S. Case No.147 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. So far anticipatory bail of petitioner no.1, namely, Rajendra Sah alias Rajna Sah alias Rajna is concerned, this Court is not inclined to enlarge him on anticipatory bail. Accordingly the prayer bail is rejected. However, if petitioner no.1 surrenders before the court below within a period of four weeks, the court below will pass an order on its own merit without being prejudiced by the order passed by this Court. (Shivaji Pandey, J) Vinay/- U T