Nathu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42813 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- GOPALPUR District- West Champaran ====================================================== 1.

NATHU SAH Son of Sudama Sah Resident of Village- Gahwa Tola, P.S.- Gopalpur, District- West Champaran.

2.

Rangeela Sah @ Rangeela Kumar Son of Sudama Sah Resident of VillageGahwa Tola, P.S.- Gopalpur, District- West Champaran. 3.

Rajan Sah @ Ranjan Sah @ Rajan Kumar Son of Sudama Sah Resident of Village- Gahwa Tola, P.S.- Gopalpur, District- West Champaran. 4.

Upendra Sah Son of Sudama Sah Resident of Village- Gahwa Tola, P.S.- Gopalpur, District- West Champaran.

5.

Sudamiya Devi Wife of Sudama Sah Resident of Village- Gahwa Tola, P.S.- Gopalpur, District- West Champaran.

6.

Sudama Sah Son of Late Bhikhari Sah Resident of Village- Gahwa Tola, P.S.- Gopalpur, District- West Champaran.

7.

Reeta Devi Wife of Upendra Sah Resident of Village- Gahwa Tola, P.S.- Gopalpur, District- West Champaran.

8.

Mahendra Sah Son of Dukhi Sah Resident of Village- Gahwa Tola, P.S.- Gopalpur, District- West Champaran.

9.

Ramnath Sah Son of Dukhi Sah Resident of Village- Gahwa Tola, P.S.- Gopalpur, District- West Champaran.

10.

Reeta Devi Wife of Shivpujan Sah Resident of Village- Gahwa Tola, P.S.- Gopalpur, District- West Champaran.

11.

Budhai Sah Son of Late Lakpan Sah Resident of Village- Gahwa Tola, P.S.- Gopalpur, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2019 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Gopalpur P.S.case No.30 of 2019 , registered

Patna High Court CR. MISC. No.42813 of 2019(2) dt.12-07-2019 2/3 for offences punishable under Sections 148, 341, 323, 324, 307, 380, 448, 504 of the Indian Penal Code.

Prosecution story is that the petitioners came variously armed and on the order of one Budhai Sah petitioner no.1 assaulted by sword to the informant on head, petitioner no.2 assaulted by rod to the informant on left hand, petitioner no.6 assaulted to Jaikishore Sah and petitioner no.3 assaulted to Laxman Sah and Mangani Sah on head by Bhala and due to which Mangani Sah became unconscious and there is also allegation that they took away Rs.25,000/-.

Submission of the learned counsel for the petitioners is that there is case and counter case between the parties and all the injuries were found to be simple in nature except one injury to Laxman Sah that is on head which is attributed to the petitioner no.3 and it is found to be grievous in nature. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, except petitioner no.3 in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on

Patna High Court CR. MISC. No.42813 of 2019(2) dt.12-07-2019 3/3 furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Bettiah, West Champaran in connection with Gopalpur P.S.case No.30 of 2019, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

Petitioner no.3 is directed to surrender and pray for regular bail.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T