Gyani Sada And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54802 of 2018 Arising Out of PS.Case No. -72 Year- 2018 Thana -BELA District- SITAMARHI ======================================================

1. Gyani Sada,

2. Bela Sada, Both son of Bilash Sada,

3. Dharmendra Sada, Son of Rameshwar Sada,

4. Pardeshi Sada, Son of Kebal Sada,

5. Shyam Sundar Sada, Son of Kailash Sada,

6. Bhuneshwar Sada, Son of Bilash Sada,

7. Ratnesh Sada, Son of Sanichar Sada,

8. Uttam Sada, Son of Ramdeo Sada,

9. Prabhu Sada, Son of Burha Sada,

10. Raj Kumar Sada, Son of Buchai Sada,

11. Sajan Sada, Son of Bindeshwar Sada, All are resident of VillageBathuara, Police Station- Bela, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 341, 323, 379, 307, 427, 504, 506 of the Indian Penal Code.

The prosecution case, in brief, is that on the occasion of Barat of son of the informant, altercation took place on the point of obstruction of road, resulting into injuries. It has been submitted on behalf of the petitioners that the

Patna High Court Cr.Misc. No.54802 of 2018 (2) dt.09-10-2018 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. There is case and counter case between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sadar, Sitamarhi in connection with Bela P.S. Case No. 72 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T