Vijay Sah And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19431 of 2015 Arising Out of PS.Case No. -47 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Vijay Sah Son of Late Ram Sagar Sah,

2. Kunja Bihari Sah, Son of Vijay Sah,

3. Bhola Sah @Ram Nath Sah, Son of Late Bhagwan Sah,

4. Ram Dayal Sah @ Jalo Sah, Son of Late Bhagwan Sah,

5. Ranjan Sah, Son of Late Ram Deo Sah, All residents of Village - Miyanchak, Chatti Road, P.S. - Town (Ratanpur OP), District - Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Lalan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-05-2015 The application with regard to petitioner no.5 has already been disposed of since he was arrested. Rests of the petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 384, 386, 506 and 427 of the Indian Penal Code.

It is alleged that petitioner no.1 and the informant are the own brothers but petitioner no.1 used to demand extortion from the tenant of the informant for which Begusarai Town P.S. Case No. 28 of 2015 was lodged against petitioner no.1 and others, but after release from the same, the

Patna High Court Cr.Misc. No.19431 of 2015 (3) dt.20-05-2015 2/3 accused persons including the petitioners committed theft of articles worth Rs. three lacs from the shop rented out to Mangal Murti Sah @ Chuna Sah and when the informant went there, the petitioners surrounded the informant and assaulted him with iron rod and butt of the pistol, subsequently petitioner no.5 Ranjan Sah took out `10,000/- from the dickey of the motorcycle of the informant. It is submitted by learned counsel for the petitioners that in the background of share dispute, the accusation has been levelled and the informant used to lodge frivolous cases. A statement has been made in para 5 of the petition that the informant has not received any injury. The aforesaid facts constitute good ground for consideration of prayer for regular bail.

Let the learned court below consider the prayer for regular bail of the petitioners if they surrender within a period of six weeks in connection with Begusarai Town P.S. Case No. 47 of 2015 pending in the court of learned CJM, Begusrai.

It is expected from the learned court below to dispose of the regular bail application of the petitioners preferably on the same day.

Patna High Court Cr.Misc. No.19431 of 2015 (3) dt.20-05-2015 3/3 Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T