Haribansh Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77152 of 2018 Arising Out of PS. Case No.-26 Year-2018 Thana- HIRAMMA P.S. District- Sheohar ======================================================
1. Haribansh Sah, S/o Late Rajdeo Sah,
2. Chhotelal Sah S/o Virendra Sah,
3. Jai Chandra Sah S/o Ramswaroop Sah,
4. Jaiprakash Sah S/o Late Naresh Sah, All are R/o Village- Gurhani, P.S.- Hiramma, District- Sheohar.
5. Jaiveer Sah S/o Ramswaroop Sah,
6. Sheonarayan Sah @ Sheonarayan Kumar,
7. Ranjan Sah Kumar @ Ranjan Sah Both are Sons of Virendra Sah, All are R/o village Gurhani, P.S.- Hiramma , District- Sheohar. ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr.Vijay Shankar Shrivastava, Advocate For the Opposite Party :
Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-01-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 323, 341, 307, 354 and 504/34 of the Indian Penal Code registered in connection with Hiramma P.S. Case No. 26 of 2018.
3. It is submitted that the petitioners have been falsely implicated and allegations of assault are general and omnibus in nature against all the accused persons except petitioner no. 1 who is said to have given rod blow on the head of the informant. The injury report of the informant discloses that the injury is simple in nature and no other injury report is available to support other accusations. The petitioners claim clean antecedents.
4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or
Patna High Court Cr.Misc. No.77152 of 2018(2) dt.17-01-2019 2/2 surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sheohar in connection with Hiramma P.S. Case No. 26 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions-- (i) That one of the bailors of each of the petitioners shall be their close relatives.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) BT/Chandran U T