Basant Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41010 of 2016 Arising Out of PS.Case No. -80 Year- 2016 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Basant Sah, Son of Gorakh Sah.

2. Rakesh Sah, Son of Jawahir Sah.

3. Rajesh Sah, Son of Jawahir Sah.

4. Ram Pravesh Kumar @ Ram Pravesh Sah, Son of Jawahir Sah.

5. Gorakh Sah, Son of Late Thakuri Sah. All Resident of Village- Haroj, P.S.- Shikarganj, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-09-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Chiraiya (Sikarganj) P.S. Case No. 80 of 2016, disclosing offences under Sections 341, 323, 324, 307, 379, 354, 354A, 447, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioners appears to be right in his submission that some occurrence had taken place because of land dispute. So far as these petitioners are concerned, it is alleged against that some of them assaulted the informant with lathi. When his wife came to her rescue, co-accused Jawahir Sah is said

Patna High Court Cr.Misc. No.41010 of 2016 (2) dt.27-09-2016 2/2 to have assaulted her with his Farsa and that there is no allegation of causing grievous injury against these petitioners. Considering the submissions as above, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikrahna at Dhaka in connection with Chiraiya (Sikarganj) P.S. Case No. 80 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/-c U T