Mithun Sai And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.10573 of 2016 (2) dt.18-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10573 of 2016 Arising Out of PS.Case No. -1350 Year- 2015 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================
1. Mithun Sai Son of Akram Sai
2. Anna @ Sonu Khan @ Sonu Son of Samsul Khan
3. Isharar Khan @ Ishar Khan Son of Chunu Khan
4. Sakim Khan Son of Bhuar Khan
5. Dhuri Sai Son of Saram Sai
6. Samim Khan Son of Naim Khan
7. Aazad Khan Son of Somru Khan
8. Saddam Khan Son of Kamu Khan
9. Jhula Khan Son of Bhuar Khan
10. Raja Khan Son of Arsad Ali
11. Dablu Khan Son of Jamal Khan All are Residents of village - Amari Pathantola, Police Station Sasaram ( M ), District - Rohtas .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Prabhakar Jha, Advocate For the Opposite Party : Mr. Ambika Bhagat, Spl.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Sasaram (M) P.S. Case No. 1350 of 2015 for the offences instituted under Sections 147, 148, 149, 323, 307, 504 and 379 of the Indian Penal Code and Section 27 of the Arms Act as well as Section 3(ii)(x) of the SC/ST Act. As per prosecution case, it is alleged by the informant that on 30.11.2015 the informant alongwith other were coming from Medical College Hospital to their house and while they
Patna High Court Cr.Misc. No.10573 of 2016 (2) dt.18-04-2016 reached near Tal then all the accused persons started abusing saying there caste name and also assaulted by means of lathi, danda, bhala as a result of which the informant injured. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is a case and a counter case between the parties. There is admitted dispute between the parties. No offence under Section SC/ST Act is made out. Vide Annexure-2 to the present application, the matter has been compromised between the parties.
On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Sasaram (M) P.S. Case No. 1350 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Rohtas at Sasaram, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) B.Kr./- U T