Naviullah Sah And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13757 of 2016 Arising Out of PS.Case No. -155 Year- 2015 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ======================================================

1. Naviullah Sah, son of Rasid Sah

2. Sakil Sah @ Md. Sakil Sah, Son of Gonaur Sah

3. Sahid Sah @ Md. Sahid, Son of Jahir Sah All residents of Village-Pachai Mubarak P.S.- Rajapakar, District-Vaishali at Hajipur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Jai Shanker Prasad, Advocate For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 31-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Raja Pakar P.S. Case No. 155 of 2015 registered under Sections 341, 323, 324, 307, 504 and 506 read with 34 of the Indian Penal Code.

It is contended that there is a case and counter case. On the basis of written report filed by the informant Md. Rashid Shah, Raja Pakar P.S. Case No. 154 of 2015 dated 07.11.2015 has been instituted against the members of the prosecution party under Sections 341, 323, 324, 307, 504, 506, 379 and 34 of the Indian Penal Code. In order to save his skin from the aforesaid

Patna High Court Cr.Misc. No.13757 of 2016 (2) dt.31-03-2016 2 / 2 police case, the informant has lodged the present case being Raja Pakar P.S. Case No. 155 of 2015. It is further contended that the members of both parties sustained injuries and the injuries sustained by the members of the prosecution party has not been found to be grievous in nature.

Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioners. Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioners above named are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, Vaishali at Hajipur in connection with Raja Pakar P.S. Case No. 155 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T