Patna High CourtCR. MISC./22280/2018partly allowed disposal

Dharmendra Sah And ORS v. The State Of Bihar

2018-04-27Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22280 of 2018 Arising Out of PS.Case No. -400 Year- 2017 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Dharmendra Sah son of Nami Sah

2. Manajer Sah son of Late Bunni Sah 3.Bal Kunwar Sah son of Late Bunni Sah 4.Ramjee Sah son of Late Bhagelu Sah

5. Rameshwar Sah son of Late Bhagelu Sah All are resident of village- Tikachhapar Tirhutiya Tola, P.S.- Chanpatia, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the State : Mr. Anil Kumar Singh-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Chanpatia P.S. Case No.400 of 2017 registered under Sections 147, 148, 149, 341, 323, 324, 307, 427, 504 and 506 of the Indian Penal Code.

Considering the submissions made by the learned counsel for the petitioners that the only grievous injury found on the head of Chandrika Sah is attributed to the assault caused with Farsa by petitioner no.1 Dharmendra Sah and all other injuries found on the person of the Ramchandra Sah and Mukesh Sah are

Patna High Court Cr.Misc. No.22280 of 2018 (2) dt.27-04-2018 2/2 simple and superficial in nature coupled with the fact that prior to the institution of the first information report a counter case was registered, the petitioner nos. 2 to 5, namely, Manajer Sah, Bal Kunwar Sah, Ramjee Sah, Rameshwar Sah, in the event of their arrest or surrender in the court below within six weeks from today, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Bettiah, West Champaran in connection with Chanpatia P.S. Case No.400 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

So far as petitioner no.1 Dharmendra Sah is concerned, his application for grant of pre-arrest bail is rejected. In case he surrenders and seeks bail, the same shall be considered on its own merits without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J) Md.S./- U T