Sonu Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18130 of 2018 Arising Out of PS.Case No. -974 Year- 2017 Thana -KATIHAR District- KATIHAR ======================================================
1. Sonu Sah son of Late Ful Chand Sah resident of Mohalla - Argra Chowk, Police Station - Katihar Town, District - Katihar.
2. Anil Sandil son of Yamuna Choudhary resident of Mohalla - Dhaliaghat Argara Chowk, Police Station - Katihar Town, District - Katihar. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajendra Prasad Sah, Advocate For the Opposite Party/s : Mr. Smt. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-05-2018 Heard learned counsel for the petitioners and learned APP for the State.
This is a case registered under Sections 307, 302/34 of the Indian Penal Code.
It is submitted by the petitioners' counsel that the petitioners having no criminal antecedent have falsely been implicated in this only on extraneous consideration. The allegation has not been supported by any witnesses during course of investigation. The deceased was a veteran criminal and had gone to jail in several cases. Even if the allegation in the FIR is accepted then there is no allegation against the petitioners of giving blow as
Patna High Court Cr.Misc. No.18130 of 2018 (3) dt.04-05-2018 2/2 the allegation of inflicting Gupti blow is attributed to other coaccused Bhola Biswan and Bhola Singh. Petitioners is in jail custody since 02.01.2018.
In the facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Katihar Town P.S. Case No. 974 of 2017 subject to the conditions :
(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.
(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
(Madhuresh Prasad, J) Prakash/- U T