Chhutharu Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26077 of 2018 Arising Out of PS.Case No. -37 Year- 2018 Thana -JADIA District- SUPAUL ======================================================

1. Chhutharu Sah S/o Late Boni Sah

2. Umesh Sah S/o Mahendra Sah

3. Yogendra Sah S/o Late Jageshwar Sah All are residents of Village Khut, P.S. Jadiya, District Supaul.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Jadiya P.S.Case No. 37 of 2018 registered for the offences punishable under Sections 307, 379, 504, 506, 341, 323, 325 and 147 of the Indian Penal Code.

Allegation against the petitioners is of assault to brother of informant, causing injury.

Submission of learned counsel for the petitioners is that there is no specific allegation against any of the petitioners and there is case and counter case between the parties. Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail on the

Patna High Court Cr.Misc. No.26077 of 2018 (3) dt.27-07-2018 2/2 ground that petitioner No.3 is a convicted person. Having heard both sides and in the facts and circumstances, let the petitioners Nos. 1 and 2, named above, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul, in connection with Jadiya P.S.Case No. 37 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

So far petitioner No.3 is concerned, in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to him. Let him surrender and pray for regular bail. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U