Patna High CourtCR. MISC./3974/2016bail granted

Rajiv Sah And ORS v. The State Of Bihar

2016-04-18Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3974 of 2016 Arising Out of PS.Case No. -213 Year- 2014 Thana -SONBERSA District- SAHARSA ======================================================

1. Rajiv Sah Son of Yogendra Sah @ Vidyarthi

2. Vikas Sah @ Vikas Kumar Son of Rajiv Sah

3. Mahendra Sah Son of Ramjee Sah All resident of village - Bhada Tola Parokiya, P.S. Sonbarsa, District - Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-04-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. The petitioners are apprehending are arrest in connection with Sonbarsa Raj P.S. Case No. 213 of 2014 registered for the offences punishable under Sections 341, 323, 504 and 34 of the Indian Panel Code and Section 3(i)(x) of the SC/ST Act.

Learned counsel for the petitioners submits that there is a case and counter case between the parties and the provisions of Section 3(i)(x) of the SC/ST Act have been brought only to improve the case and make the charges leveled against the petitioners non-bailable. It is further submitted that

Patna High Court Cr.Misc. No.3974 of 2016 (2) dt.18-04-2016 2/2 the petitioners have also suffered serious injuries in the head for which the case has been registered bearing Sonbarsa Raj P.S. Case No. 214 of 2014 dated 20.10.2014.

Considering the nature of allegations and that there is no case made out against the petitioners under Section 3(i)(x) of SC/ST Act and also the petitioners have no criminal history, let the petitioners, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the each amount to the satisfaction of the learned Judicial Magistrate, 1st Class, Saharsa in connection with Sonbarsa Raj P.S. Case No. 213 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anjana Mishra, J) ajaypd./- U T