Dharmendra Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50685 of 2015 Arising out of PS.Case No. -46 Year- 2013 Thana -GOVINDGANJ District- EAST CHAMPARAN(MOTIHARI) ======================================================

1. Dharmendra Sah, S/o Began Sah, R/o Village - Purandarpur, P.S. - Malahi, District - East Champaran.

2. Vikash Sah, S/o Dhanesh Sah, R/o Ilaram Chowk, Bettiah, P.S. - Bettiah, District - West Champaran.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Patanjali Rishi, Advocate. For the Opposite Party : Mr. P.K.Chaurasia(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Gobindganj( Malahi) P.S. Case No. 46 of 2013 for the offences instituted under Sections 307/34 of the IPC and 4/5 of the Explosive Substances Act.

The prosecution story, in brief, is that on 19.03.2013 the informant has slept after taking meal in his room. The informant and his family members and the neighbours woke up at about 3.30 A.M. on the sound of dog barking and saw that two miscreants each ridden on two motorcycles crossing in front the house of the

Patna High Court Cr.Misc. No.50685 of 2015 (3) dt.09-02-2016 2/3 informant. When he woke up in the morning he found that below the window of his house two bombs kept in suspicious condition. On hulla, several villagers came there and told that one of the motorcycle riders was Shatrughan Sah who is a man of criminal and another was Vikash Sah, the petitioner. On second motorcycle one of the riders was Dharmendra Sah, petitioner and other rider was unknown. The informant has also stated that the petitioner accused Shatrughan Sah with his associates tried to kill him by putting bomb below his window and threatening was being given. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case. There is no injury caused to any one.

On behalf of the State it has been submitted that the petitioners are named in the F.I.R. but no one is said to have been injured.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Gobindganj (Malahi) P.S. Case No. 46/2013 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.50685 of 2015 (3) dt.09-02-2016 3/3 satisfaction of the learned S.D.J.M., Sadar, East Champaran, Motihari, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T