Birbal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34005 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- CHHATAUNI District- East Champaran ====================================================== 1.

Birbal Sah, aged about 24 years, male, Son of Babu Lal Sah Resident of Village - Chhota Mathia, P.S.- Chhatauni, Distt - East Champaran. 2.

Raju Kumar, aged about 23 years, male, Son of Shambhu Sah Resident of Village - Chhota Mathia, P.S.- Chhatauni, Distt - East Champaran. 3.

Biru Kumar @ Biru Sah, aged about 24 years, male, Son of Moti Lal Sah Resident of Village - Mathia, P.S.- Chatauni, Distt - East Champaran. 4.

Laxman Sah, aged about 23 years, male, Son of Suraj Sah Resident of Village - Ward No. 17, Chhatauni, P.S.- Chhatauni, Distt - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-05-2019 Heard learned counsel for the petitioners as well as learned counsel for the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 144, 188, 341, 323, 504, 337, 353, 379, 427 of the I.P.C.

Prosecution case, in short, is that 40-50 persons armed with Lathi and Danda assaulted on the head of the son of the informant causing head injury.

Learned counsel for the petitioners submits that there is general and omnibus allegation and injuries are simple in

Patna High Court CR. MISC. No.34005 of 2019(2) dt.27-05-2019 2/2 nature. There is no specific allegation against these petitioners. In fact, as per FIR informant later on came to know about participation of petitioners in the procession. These petitioners have no criminal antecedent.

Considering the facts of the case, let the petitioners, above named, in the event of their arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail 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 7th Addl. Sessions Judge-cum- Special Judge, Excise, East Champaran at Motihari in Chhatauni P.S. Case No. 48 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioners.

(Prabhat Kumar Singh, J) shashi/- U T