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Patna High CourtCR. MISC./47599/2014bail granted

Shekhar Sah @ Chandra Shekhar Kumar And ORS v. The State Of Bihar

2015-04-23Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47599 of 2014 Arising Out of PS.Case No. -192 Year- 2014 Thana -PARIHAR District- SITAMARHI ======================================================

1. Shekhar Sah @ Chandra Shekahar Kumar, S/O Late Ram Narayan Sah.

2. Rajiv Sah @ Rajiv Kumar Sah, S/O Late Dinanath Sah.

3. Satish Sah @ Ramji Sah, S/O Late Dinanath Sah.

4. Sanjiv Sah, S/O Late Dinanath Sah.

All residents of village- Parihar, P.S.- Parihar, District- Sitamarhi. .... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioners : Mr. For the State : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 23-04-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Parihar P.S. Case No.192 of 2014 registered under Sections 341, 323, 324 and 504/34 of the Indian Penal Code besides Sections 3(1)(X) of the SC & ST (Prevention of Atrocities) Act.

The accusation against the petitioners is that they caused injury to the informant through knife and abused him by denoting his caste's name. It is also alleged that co-accused, Umesh Sah, and the petitioner no.1, Shekhar Sah alias Chandra Shikhar Kumar, snatched the gold lockets of the informant's brothers and also took Rs.12000/- from the pocket of the informant.

Patna High Court Cr.Misc. No.47599 of 2014 (2) dt.23-04-2015 2/2 Learned counsel appearing on behalf of the petitioners submits that the petitioners and the informant are co-villagers and due to grudge and enmity the petitioners have falsely been implicated in this case. It is further submitted that while there is allegation against the petitioners to cause injury to the informant through knife but all the injuries sustained by him is simple in nature caused by hard and blunt substance. It is also submitted that the parties have compromised the case and a compromise petition has also been filed in the court below, which would appear from Annexure-'3' to this application.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within four weeks, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Parihar P.S. Case No.192 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S.