Duman Sah @ Praduman Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40596 of 2016 Arising Out of PS.Case No. -45 Year- 2016 Thana -DARPA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Duman Sah @ Praduman Sah

2. Chulahi Sah

3. Shiv Shankar Sah All sons of Binda Sah

4. Shatrughna Sah son of Chulahi Sah.

All resident of Village - Baikunthwa, Police Station - Darpa, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Darpa Police Station Case No. 45 of 2016, disclosing offences under Sections 341/323/324/307/ 379/34 of the Indian Penal Code.

Referring to the First Information Report, learned Counsel for the petitioners has submitted that though there is allegation of assault caused by farsa, no such injury has been found and all the injuries have been found to be simple in nature, caused by hard and blunt substance. It has also been submitted that it is evident from the First Information Report that land dispute between

Patna High Court Cr.Misc. No.40596 of 2016 (2) dt.22-09-2016 2/2 the parties is the reason behind lodging of the First Information Report.

Considering the above submission, this application is allowed.

Let the petitioners, namely, Duman Sah @ Praduman Sah, Chulahi Sah, Shiv Shankar Sah and Shatrughna Sah, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Motihari, in connection with Darpa Police Station Case No. 45 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √