Soman Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21957 of 2016 Arising Out of PS.Case No. -212 Year- 2015 Thana -SALKHUA District- SAHARSA ======================================================

1. Soman Sah, S/o Setho Sah @ Setha Sah

2. Dasrath Sah @ Dashrath Sah @ Jasrath Sah S/o Setho Sah @ Setha Sah Both R/o Village- Jamal Nagar, Ward no.12 Banma Itahari, P.S.- Salkhua, District- Saharsa.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-05-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 21.03.2016 in connection with Salkhua P.S. Case No. 212 of 2015 for the alleged offences under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioners have been falsely implicated and in any event the thrust of accusation of firing is upon the co-accused Bindeshwari Sah and Pulendra Sah. While Bindeshwar Sah has been granted bail in Cr. Misc. No. 1288 of 2016, Pulendra Sah has been granted anticipatory bail in Cr. Misc. No. 7403 of 2016. Similarly situated co-accused Bhavesh Sah and Dilip Sah have also been granted anticipatory bail in Cr. Misc. No. 7343 of

Patna High Court Cr.Misc. No.21957 of 2016 (2) dt.19-05-2016 2016.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioners above named 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 A.C.J.M. II, Saharsa in connection with Salkhua P.S. Case No. 212 of 2015 subject to the condition that the petitioners shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran U T