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Patna High CourtCR. APP (SJ)/684/2017disposed

Jhulan Shah And ORS v. The State Of Bihar

2017-04-17Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.684 of 2017 Arising Out of PS.Case No. -150 Year- 2016 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================

1. JHULAN SHAH SON OF LATE CHIRKUT SHAH.

2. HARICHARAN SHAH, SON OF JHULAN SHAH.

3. BHOLA SHAH, SON OF JHULAN SHAH.

ALL RESIDENT OF VILLAGE-DIGHWA, P.S.-BAIKUNTHPUR, DISTRICT-GOPALGANJ.

.... .... APPELLANT/S

VERSUS

THE STATE OF BIHAR .... .... RESPONDENT/S ====================================================== Appearance :

For the Appellant/s : Mr. Ashutosh Jha For the Respondent/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-04-2017 Heard learned counsel for the appellants as well as learned Special Public Prosecutor.

Appellant, Jhulan Shah has been alleged to have given repeated spade blow and further, from the order impugned it is evident that four sharp cutting injuries having over head of informant/injured Lalan Manjhi has been found. That being so, for the present prayer for bail of appellant Jhulan Shah is rejected.

So far appellants Haricharan Shah and Bhola Shah are concerned, considering the allegation in omnibus manner, they both are directed to 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 learned Chief Judicial Magistrate, Gopalganj in connection with Baikunthpur P.S. Case No.150 of 2016, after setting aside the order dated 13.12.2016 to the extent of their interest passed by First Additional Sessions Judge, Gopalganj in connection with Baikunthpur P.S. Case No.150 of 2016.

Patna High Court CR. APP (SJ) No.684 of 2017 (3) dt.17-04-2017 Consequent thereupon, instant appeal relating to appellant Jhulan Shah is rejected while with regard to the appellants Haricharan Shah and Bhola Shah, are allowed.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T