Patna High CourtCR. MISC./41969/2018bail granted

Raghu Sah And ORS v. The State Of Bihar

2018-08-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41969 of 2018 Arising Out of PS.Case No. -240 Year- 2013 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Raghu Sah, S/o America Sah

2. Arjun Sah S/o America Sah

3. Mahadev Sah, S/o Chandrika Sah, All are R/o Vill. - Dabaria, Makari Tola, P.S. - Nautan, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 302 and 447 of the Indian Penal Code.

Submission is that though in the FIR, there is general and omnibus allegation against the petitioners and others to have assaulted to the father of the informant as a result whereof he died. However, the postmortem report would reveal that the Doctor did not find any external injury on the person of the deceased. Considering the aforesaid fact co-accused America Sah was allowed bail by this Court vide order dated 16.12.2013 passed

Patna High Court Cr.Misc. No.41969 of 2018 (3) dt.01-08-2018 2/2 in Cr. Misc. No. 42198 of 2013 (Annexure-3). Moreover, the petitioners were not sent up for trial after investigation. However, the learned court below has taken cognizance against the petitioners.

Considering the aforesaid facts, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Nautan Police Station Case No. 240 of 2013, subject to the condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners as well as condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T