Jagarnath Sah @ Jagannath Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52359 of 2016 Arising Out of PS.Case No. -305 Year- 2015 Thana -FALKA District- KATIHAR ======================================================
1. Jagarnath Sah @ Jagannath Sah son of Late Baijnath Sah
2. Mahendra Sah son of Late Shibu Sah
3. Rajendra Sah son of Baldeo Sah
4. Kameshwar Sah son of Late Arjun Sah, all residents village Bareta, P.S. Falka, District Katihar
5. Sanjay Murmu @ Sanjay Tudu son of Talkoi Murmu @ Talke Tudu
6. Vijay Sah sonof Kashdeo Sah @ Kamdeo Sah
7. Mahanand Sah son of Late Keshri Chand Sah, all resident of village Rahta (Bareta), P.S. Falka, District Katihar
8. Ram Prasad Sah son of Chhattu Sah @ Khattu Sah, resident of village Rahta (Barbariya), P.S. Falka, District Katihar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2016 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 342, 323, 290, 291, 332, 333, 353 and 307 of the Indian Penal Code. Allegation is that the accused persons including the petitioners and 450 unknown persons attacked over the police force and they obstructed and prevented to public servant to discharge their duties and disrupted law and order. It has been submitted on behalf of the petitioners that
Patna High Court Cr.Misc. No.52359 of 2016 (2) dt.08-12-2016 2/2 there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Altogether 55 persons are said to have been named in the F.I.R. including the petitioners. No specific allegation has been made against the petitioners. General and omnibus allegation has been made.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-V, Katihar in connection with Falka P.S. case No.305 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T