Chutahru Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50694 of 2016 Arising Out of PS.Case No. -115 Year- 2015 Thana -JADIA District- SUPAUL ======================================================

1. CHUTAHRU SAH, Son of Late Chhedi Sah.

2. Kinu Sah, Son of Shri Sukal Sah.

3. Sikendra Sah, Son of Shri Sukal Sah.

4. Satyanarayan Yadav, Son of Late Anant Yadav.

5. Gopal Yadav, Son of Late Anant Yadav.

6. Anil Yadav, Son of Late Kusum Lal Yadav.

7. Chandeshwar Sah @ Bauku Sah, Son of Late Chhedi Sah.

8. Arjun Yadav, Son of Late Kusum Lal Yadav.

9. Prabhu Yadav, Son of Late Kusum Lal Yadav.

10. Umi Sah, Son of Late Chhedi Sah.

11. Munni Yadav, Son of Late Anant Yadav.

12. Budhmal Sah, Son of Late Chhutahru Sah.

13. Ravi Sah, Son of Shri Sukal Sah. All are residents of village + P.O. Pilwaha, P.S. Jadia, District Supaul.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Amrit Abhijat, Advocate. For the Opposite Party : Smt Indu Kumari Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Jadia P.S. Case No. 115 of 2015 for the offences instituted under Sections 307, 379, 326, 147 148, 149, 341, 323, 324, 506 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that all the FIR named

Patna High Court Cr.Misc. No.50694 of 2016 (2) dt.29-11-2016 2/3 accused persons armed with three not Bow and Arrows forcibly ploughed the Khatiyani land of the informant and on protest from his family members, co-accused Sampat Lal Yadav fired from three not but he was far away and pellet did not cause injury to him. Co-accused Nunu Yadav plunged Bhala in his thigh with an intention to kill him. In the meantime, co-accused Sampat Lal Yadav propelled Arrow causing injuries in the eyes of Buchan Yadav. Hs uncle Shaligram Yadav assaulted with Lathi to the informant and took Rs. 900/- cash and Titan Watch worth Rs. 1500/- and all persons assaulted his family members. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent.

There is no allegation of tampering with the witnesses alleged against the petitioners. There is a case and counter case between the parties. The nature of injury is said to be simple. No specific allegation has been made against the petitioners. Specific allegation has been made against Sampat Lal Yadav, Nunu Yadav and Shaligram Yadav. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

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

Patna High Court Cr.Misc. No.50694 of 2016 (2) dt.29-11-2016 3/3 of six weeks from today in connection with Jadia P.S. Case No. 115/2015 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 C.J.M., Supaul, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure U.K./- (Sudhir Singh, J) U T