Lakhindra Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9260 of 2018 Arising Out of PS.Case No. -291 Year- 2017 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================
1. Lakhindra Sah, S/o Late Ram Ekwal Sah,
2. Mithilesh Kumar S/o Late Mahendra Sah, Both R/o Village- Belkunda, P.S.- Mahua, District- Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Thakur For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Mahua P.S.Case No. 291 of 2017 registered under Sections 341, 323, 109, 353, 506 and 504/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that the informant and others wanted to install electric pole on the land of the petitioners without any prior information or without payment of any cost, which was being opposed by the petitioners for which the instant First Information Report has been instituted. He submitted that apart from the fact that the petitioners objected to the illegal act of the informant, no other allegation has been made in the First Information Report.
Patna High Court Cr.Misc. No.9260 of 2018 (2) dt.17-02-2018 2/2 Learned counsel for the State opposed the application for grant of pre-arrest bail of the petitioners. Considering the nature of allegation and the submissions made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S.Case No. 291 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T