Shyam Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35164 of 2015 Arising Out of PS.Case No. -46 Year- 2015 Thana -RAJNAGAR District- MADHUBANI ======================================================
1. Shyam Sah Son of Baidya Nath Singh
2. Babloo Pasi@Babloo kumar son of Raj kumar Mahto Both resident of Village- Rampatti, P.s Rajnagar ,district ,Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-09-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under sections 147,148,341,323,307,332,353 and 379 of the Indian Penal Code. The prosecution case is that the informant being police officer along with other police personnel were going on patrolling duty by jeep on 15.4.2015 on the occasion of Jurshital festival when 7-8 co accused put obstruction when the informant asked to remove the obstruction the accused persons assaulted the informant.
It is submitted by the learned counsel for the
Patna High Court Cr.Misc. No.35164 of 2015 (2) dt.03-09-2015 2/2 petitioners that there was procession going on and some scuffle took place. It is further submitted that the accusation is omnibus and general and the injury is superficial simple in nature. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the nature of accusation, in view of this court, it is a case for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with Rajnagar P.S. Case No. 46 of 2015 pending in the court of learned JM Ist Class, Madhubani.
This application is disposed of with the aforesaid observation/direction.
(Dinesh Kumar Singh, J) Anil/- U T