Sukhari Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32628 of 2018 Arising Out of PS.Case No. -369 Year- 2017 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sukhari Sah, Son of Matuk Sah.

2. Dilip Sah, S/o Sukhari Sah,

3. Ranjeet Sah, Son of Sukhari Sah, All resident of Village- Dharharwa, P.S.- Chiraiya, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Chiraiya P.S.Case No.369 of 2017, G.R.Case No.1475 of 2017 , registered for offences punishable under Sections 147, 149, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. Allegation against the petitioners is that they have assaulted the informant and others causing injury.

Submission of the learned counsel for the petitioners is that there is case and counter case between the parties and dispute arose with respect to petty issues and their injuries are simple in nature.

Heard learned A.P.P. and the learned counsel for the

Patna High Court Cr.Misc. No.32628 of 2018 (2) dt.28-06-2018 2/2 informant, who has opposed the prayer for bail. Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Sikrahana, Dhaka, East Champaran in connection with Chiraiya P.S.Case no.369 of 2017/G.R. No.1475 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T