Mukesh Kumar Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52584 of 2017 Arising Out of PS.Case No. -182 Year- 2017 Thana -DHAMDAHA District- PURNIA ======================================================

1. Mukesh Kumar Sah son of late Kadam Lal Sah,

2. Rajeev Kumar Sah son of late Kadam Lal Sah,

3. Sanjay Kumar Sah son of late Kadam Lal Sah,

4. Babloo Kumar Sah @ Babloo Sah son of Jai Prakash Sah,

5. Nirmal Kumar Sah son of late Laxmi Sah,

6. Pappu Kumar Sah son of Prithvi Chandra Sah,

7. Chandan Kumar Sah son of late Makhan Sah, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Jha, Advocate For the Opposite Party/s : Smt. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323/341/307/379/504/34 of the Indian Penal Code. For land dispute petitioner Nirmal Kumar Sah allegedly caused injury at the head of the informant with lathi. Since the petitioner Nirmal Kumar Sah had knowledge that his act might cause death, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused.

There is general and omnibus allegation against other

Patna High Court Cr.Misc. No.52584 of 2017 (2) dt.09-11-2017 P2/ petitioners of commission of assault. Hence, let the petitioners, namely, Mukesh Kumar Sah, Rajeev Kumar Sah, Sanjeev Kumar Sah, Babloo Kumar Sah, Pappu Kumar Sah and Chandan Kumar Sah, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Dhamdaha Police Station Case No. 182 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T