Lalu Sah And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.50728 of 2015 (2) dt.04-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50728 of 2015 Arising Out of PS.Case No. -198 Year- 2015 Thana -DARIYAPUR District- SARAN ======================================================

1. Lalu Sah , Son of Mundrika Sah,

2. Krishna Sah, Son of Vishwanath Sah,

3. Manohar Sah,

4. Bindeshari Sah @ Bindeshwari Sah, 3 and 4 both are sons of Late Chandrika Sah , All are resident of village - Harpur, P.S. - Dariyapur, District - Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar, Advocate. For the Opposite Party/s : Mr. Sahin Begum(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are accused in connection with Dariyapur P.S. Case No. 198 of 2015 registered under Sections 147, 148, 149, 323, 341 and 302 of the Indian Penal Code. Learned counsel for the petitioners submits that it would appear from the F.I.R. that there is specific allegation against Satendra Sah, Yadu Sah, Dineshwar Sah and petitioner no.3 to cause injury to the deceased, Lallan Rai, whereas general allegation against the petitioner nos. 1, 2 and 4 and others to cause injury to the informant and his family members. It is further

Patna High Court Cr.Misc. No.50728 of 2015 (2) dt.04-02-2016 submitted that petitioners have no criminal antecedent and are in custody since 19.07.2015.

Taking into consideration the nature of allegation against petitioner no.3, Manohar Sah, to cause injury to dfeceased, I am not inclined to grant bail to him. Accordingly, the prayer for bail of the petitioner no.3, Manohar Sah, is rejected. So far as petitioner nos. 1, 2 and 4, namely, Lalu Sah, Krishna Sah and Bindeshwari Sah @ Bindeshwari Sah are concerned, having regard to the facts and the circumstances of the case, they are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in connection with Dariyapur P.S. Case No. 198 of 2015. Out of two sureties, one surety must be the close relative of the petitioners, (Rajendra Kumar Mishra, J) Bhardwaj/- U T