Kailash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37220 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- HAYAGHAT District- Darbhanga ====================================================== 1.

Kailash Sah (male), aged about 45 years, Son of Yogendra Sah, Resident of Village - Dhabopur Basara, P.S.- Hayaghat, Dist.- Darbhanga. 2.

Sato Sah @ Satnayak Sah @ Satnarayan Sah @ Satya Narayan Sah @ Satto Sah, Son of Yogindra Sah, (male), aged about 38 years, Resident of Village - Dhabopur Basara, P.S.- Hayaghat, Dist.- Darbhanga. 3.

Sanjeev Kumar Sah (male), aged about 21 years, Son of Dhanik Lal Sah, Resident of Village - Dhabopur Basara, P.S.- Hayaghat, Dist.- Darbhanga. 4.

Arun Sah @ Arun Kumar Sah (male), aged about 21 years, S/o Kailash Sah, Resident of Village - Dhabopur Basara, P.S.- Hayaghat, Dist.- Darbhanga. .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-10-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners apprehend their arrest in connection with Hayaghat P.S. Case No. 14 of 2019 registered under sections 341, 342, 323, 379, 307, 504, 506/34 of the IPC. The allegation against the petitioners is that the petitioners along with other accused persons started ploughing Janera and Mung field of the informant with the help of tractors and upon the protest made by the informant the petitioners along with other accused persons assaulted the informant by lathi,

Patna High Court CR. MISC. No.37220 of 2019(4) dt.01-10-2019 2/3 danda fists and slaps. It has further been alleged that the petitioner no. 4 pulled the sari of the informant with intention to outrage her modesty.

Learned counsel appearing for the petitioners submits that both the parties are co-sharer and there is land dispute between them. Learned counsel further submits that the injury caused to the informant and others are simple in nature. On the other hand, learned counsel appearing for the State referring to the case diary submits that injury caused to two persons are simple in nature.

Having regard to the submission made by the parties and taking into consideration the fact that both the parties are co-sharer and there is land dispute between them, I am inclined to grant anticipatory bail to all the petitioners. Accordingly, the petitioners, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate IXth Darbhanga in connection with Hayaghat P.S. Case No. 14 of 2019, subject to the condition as

Patna High Court CR. MISC. No.37220 of 2019(4) dt.01-10-2019 3/3 laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Sinha, J) Anjula/- U