Patna High CourtCR. MISC./20980/2018bail granted

Sri Nath Sah And ANR v. The State Of Bihar

2018-04-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20980 of 2018 Arising Out of PS.Case No. -131 Year- 2017 Thana -DERNI District- SARAN ======================================================

1. Sri Nath Sah, S/o Loknath Sah, R/o Village- Salempur, P.S.- Derni, District- Saran (Chapra).

2. Lalchandra Kumar @ Lalchand Kumar S/o Jai Nath Sah, R/o VillageMahmmadpur, P.S.- Dariyapur, District- Saran (Chapra). .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-04-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Derni P.S. Case No. 131 of 2017 registered for the offences punishable under Sections 341, 323, 307 and 302/34 of the Indian Penal Code.

Allegation against petitioner No.1 is of assault to the informant and there is allegation of assault to deceased against other accused persons and there is no allegation against petitioner No.2.

Submission of learned counsel for the petitioner is that petitioner No.1 is not the assailant of the deceased, rather allegation is attributed against other accused persons and there is

Patna High Court Cr.Misc. No.20980 of 2018 (2) dt.30-04-2018 2/2 no allegation against petitioner No.2.

Heard learned APP , who has opposed the prayer for anticipatory bail of the petitioners stating that there is allegation of assault on head to the injured.

Having heard both sides and in the facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VII, Saran at Chapra, in connection with Derni P.S. Case No. 131 of 2017, subject to the conditions under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U