Patna High CourtCR. MISC./709/2016bail granted

Bunilal Sah And ORS v. The State Of Bihar

2016-01-12Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.709 of 2016 Arising Out of PS.Case No. -60 Year- 2015 Thana -KOTWA District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Bunilal Sah, Son of Late Bishuni Sah,

2. Jailal Sah @ Jaylal, S/o Bunilal Sah,

3. Sadholal @ Sadholal Sah, S/o Bunilal Sah,

4. Indu Devi, W/o Jailal Sah,

5. Sanju Devi, W/o Sadholal Sah, All residents of village - Dipau, P.S. - Kotwa, District - East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s : Mr. Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 12-01-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Kotwa P.S. Case No. 60 of 2015 registered under Sections 447, 341, 323, 324, 325, 307, 379 and 504 read with 34 of the Indian Penal Code.

It has been contended that the petitioners have been falsely implicated in the present case. In course of investigation, the investigation officer had issued notice under Section 41-A of the Code of Criminal Procedure pursuant to which the

Patna High Court Cr.Misc. No.709 of 2016 (2) dt.12-01-2016 2 / 2 petitioners had appeared before the police and had fully cooperated with the investigation. The further contention is that the petitioners have got no criminal antecedent and having roots in the society they are not likely to abscond or tamper with the evidence.

On the other hand, learned counsel for the State has contended that the police have already submitted charge-sheet in the case against the petitioners.

Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Kotwa P.S. Case No. 60 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.

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