Dinesh Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33793 of 2016 Arising Out of PS.Case No. -134 Year- 2016 Thana -RANIGANJ District- ARRARIA ======================================================
1. Dinesh Sah S/O Krishnadev Sah @ Kishundeo Sah
2. Dilip Sah, S/O Krishnadev Sah @ Kishundeo Sah
3. Raj Kumar Sah S/O Krishnadev Sah @ Kishundeo Sah
4. Lal Babu Sah @ Lalan Sah, S/O Krishnadev Sah @ Kishundeo Sah All resident of Prem Nagar, Sadhu Ashram, Hasanpur, P.S. Raniganj, District Araria.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Anil Prasad Singh, Advocate. For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-10-2016 Heard learned counsel for the petitioners, learned A.P.P. and learned counsel appearing for the informant. The petitioners, namely, Dinesh Sah, Dilip Sah, Raj Kumar Sah and Lal Babu Sah @ Lalan Sah, apprehend their arrest in Raniganj P.S. Case No. 134/2016 under Section 307 and other sections of the Indian Penal Code.
The informant Chandan Kumar Sah named the petitioners along with four other accused persons and made omnibus and general allegations that the accused persons assaulted him with different weapons and when his brother Shravan Kumar Sah came to save him, the accused persons also assaulted the brother of the informant. The informant got one lacerated wound
Patna High Court Cr.Misc. No.33793 of 2016 (4) dt.03-10-2016 2/2 on head. The injury itself appears to be superficial. No C.T. scan was produced. The doctor opined the injury to be simple in nature. Shravan Kumar Sah, brother of the informant, got three lacerated wounds - one on the scalp, another on the left upper eyebrow and the third on the posterior surface of forearm. There is a counter version. The occurrence took place due to land dispute. However, learned counsel for the informant and learned A.P.P. vehemently opposed the prayer for anticipatory bail.
Considering the facts that there is case and countercase, omnibus and general allegation is made against the petitioners and the informant and his brother got simple injuries, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Araria in Raniganj P.S. Case No. 134/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T