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Patna High CourtCR. MISC./1265/2015disposed

Jagdish Sah And ANR v. The State Of Bihar

2015-01-13Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.1265 of 2015 (2) dt.13-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1265 of 2015 Arising Out of PS.Case No. -139 Year- 2014 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ======================================================

1. Jagdish Sah, son of Satya Narayan Sah.

2. Raja Sah, son of Jagdish Sah.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-01-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Originally, the informant filed complaint case which was converted into L.N.M.U. P.S. Case No. 139 of 2014. The accusation against the petitioner no. 1 is that he pushed the informant's son from the roof as a result of which he fell down on the earth and got grievous injury. So far as petitioner no. 2 is concerned, it is stated that he along with two others assaulted the informant's daughters.

Learned counsel for the petitioners submits that petitioners are agnates of informant and there is land dispute between the parties and on account of aforesaid land dispute, this false case has been lodged.

Patna High Court Cr.Misc. No.1265 of 2015 (2) dt.13-01-2015 Considering the aforesaid facts and circumstances as well as submissions of the parties, the prayer for anticipatory bail of petitioner no. 2, namely, Raja Sah is allowed and it is ordered that petitioner no. 2, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga in L.N.M.U. P.S. Case No. 139 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

So far as prayer for anticipatory bail of petitioner no. 1, namely, Jagdish Sah is concerned, the same stands rejected. (Hemant Kumar Srivastava, J) SHAHZAD/- U T