Sunil Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40172 of 2015 Arising Out of PS.Case No. -60 Year- 2015 Thana -CHAUSA District- MADHEPURA ======================================================

1. Sunil Sah, son of Ashok Sah, Resident of Village- Fulaut, P.S. Chausa (Fulaut), District- Madhepura.

2. Nepal Sah, son of Ashok Sah, resident of Village- Fulaut, P.S. Chausa (Fulaut), District- Madhepura.

3. Ashok Sah, son of Late Mahabir Sah, Resident of Village- Fulaut, P.S. Chausa (Fulaut), District- Madhepura.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr.

For the Opposite Party : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 05-10-2015 During pendency of this application Petitioner No. 3 Ashok Sah has been taken into custody, as such, his prayer for grant of bail in the event of arrest has become infructuous, which is, accordingly, disposed of.

Heard learned counsel for Petitioner Nos. 1, 2 and the State.

Petitioner Nos. 1, 2 are apprehending their arrest in connection with Chausa P.S. Case No. 60/15 dated 18.06.2015 registered for the offences under Sections 147, 148, 149, 447, 323, 324, 379 and 504 of the Penal Code. They are named as Accused Nos. 1, 3 in the First

Patna High Court Cr.Misc. No.40172 of 2015 (2) dt.05-10-2015 Information Report. It is submitted on their behalf that no overt act is alleged against both of them and the injury suffered by the members of the prosecution party of the instant case is simple, as would appear from the Injury Report (Annexure-2). Let Petitioner Nos. 1, 2 , named above, surrender in the court below within four weeks from the date of receipt/production of a copy of this order in the court below, thereafter be released on bail on furnishing bond of Rs. 5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Madhepura in connection with Chausa P.S. Case No. 60/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., provided the injury on the person of the members of the prosecution party of the present case is simple. Until such verification, no coercive steps be taken against Petitioner Nos. 1, 2.

(V.N. Sinha, J) P.K.P.

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