Mukesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32668 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- GARKHA District- Saran ====================================================== 1.
MUKESH SAH Son of Sri Kishun Sah 2.
Ramesh Sah @ Ramesh Kumar Sah Son of Ramlal Sah 3.
Jitendra Sah Son of Ramlal Sah 4.
Lalak Sah Son of Ramlal Sah 5.
Dev Kumar Sah Son of Sarva Sah 6.
Sharwan Sah @ Sharwan Son of Triloki Sah All resident of Village - Jigna, P.S.- Garkha, Distt - Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Kumar For the Opposite Party/s :
Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2019 Heard learned counsel for the parties.
The petitioners are apprehending their arrest in connection with Garkha P.S.Case No.128 of 2019 dated 13.3.2019 , registered for offences punishable under Sections 147, 341, 323, 324, 326, 504/34 of the Indian Penal Code. Allegation against the petitioner no.1 is of assault to Tun Tun Mahto by iron rod and against the petitioner no.6 is of assault to one Gulabi Devi and others are also named in the FIR.
Submission of the learned counsel for the petitioners is
Patna High Court CR. MISC. No.32668 of 2019(2) dt.17-05-2019 2/3 that there is case and counter case between the parties and the injuries attributed to the petitioner no.1 is simple in nature. So far injury to Galabi Devi, which has been attributed to the petitioner no.6 is grievous in nature and it is on temporal region.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, so far petitioner no.6. Sharwan Sah alias Sharwan is concerned, I am not inclined to grant privilege of anticipatory bail, as such his prayer for anticipatory bail is dismissed.
So far petitioner nos.1 Mukesh Sah, 2. Ramesh Sah @ Ramesh Kumar Sah, 3. Jitendra Sah, 4. Lalak Sah and 5. Dev Kumar Sah are concerned, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt 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 14, Saran at Chapra in connection with Garkha P.S.Case No.128 of 2019, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
Patna High Court CR. MISC. No.32668 of 2019(2) dt.17-05-2019 3/3 With the aforesaid direction, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T