Hiralal Sah And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.54713 of 2017 (2) dt.15-12-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54713 of 2017 Arising Out of PS.Case No. -219 Year- 2015 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Hiralal Sah, S/o Bharosi Sah.
2. Santosh Sah @ Santosh Kumar, S/o Hiralal Sah.
3. Surat Sah @ Suraj Kumar @ Surat Kumar, S/o Hiralal Sah, All resident of Village- Chandrahiya, P.S- Motihari Mufassil, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Dubey For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-12-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Motihari Mufassil Police Station Case No. 219 of 2015, disclosing offences under Sections 341, 323, 324, 307, 354, 447, 379 and 34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, there is land dispute between the parties and for that a Title Suit is pending between them, which is evident from annexure-4, and account of that altercation took place between the parties and both the
Patna High Court Cr.Misc. No.54713 of 2017 (2) dt.15-12-2017 parties have sustained injuries but the injuries sustained by the prosecution side are simple in nature, which is evident from annexure-5. Hence, the petitioners deserve the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 Chief Judicial Magistrate, East Champaran, in connection with Motihari Mufassil Police Station Case No. 219 of 2015, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T