Bablu Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42262 of 2015 Arising Out of PS.Case No. -94 Year- 2015 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================
1. Bablu Sah son of Sh Bikau Sah
2. Chandreshwar Sah @ Chandreshwar @ Bigar Sah S/o Late Sitaram Sah. Residents of village Lehri, P.S. Kargahar, Dt Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Raj Ballabh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-10-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek anticipatory bail in connection with Kargahar P.S. Case No. 94 of 2015 registered for the offences punishable under Sections 302/120-B and 201 of the Indian Penal Code.
It is contended that though the alleged occurrence took place on 15.02.2015, a complaint was filed in the court on 09.03.2015, which was referred to the Police under section 156(3) of the Code of Criminal Procedure pursuant to which the present case was instituted on 7th April, 2015. It is further contended that there is no direct or specific allegation against the petitioners. As a matter of fact, the informant has named one Kamta Singh as an accused, who had died on 15th July, 2014, whereas the date of
Patna High Court Cr.Misc. No.42262 of 2015 (2) dt.08-10-2015 2/2 occurrence is 15.02.2015. It is also contended that similarly circumstanced co-accused Rangnath Gupta and Mangru Sah have already been granted anticipatory bail by a Bench of this Court vide order dated 28.09.2015 passed in Cr.Misc. No. 27311 of 2015.
Learned counsel for the State concedes that the case of the petitioners is identical to that of the other two co-accused, who have already been granted by this Court by the aforesaid order dated 28.09.2015.
Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioners, namely, Bablu Sah and Chandreshwar Sah @ Chandreshwar @ Bigar Sah are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sasaram (Rohtas) in connection with Kargahar P.S. Case No. 94 of 2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Pradeep/- U T