Jagdish Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43269 of 2016 Arising Out of PS.Case No. -197 Year- 2016 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================
1. Jagdish Sah Son of Late Bhagwat Sah
2. Sunil Sah Son of Sri Jagdish Sah
3. Sudish Sah @ Sudish Kumar Sah Son of Sri Jagdish Sah All Resident of village/ Mohallah-Jehanabad, P.S.-Lalganj, District-Vaishali at Hajipur (Bihar) .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-10-2016 Heard the parties.
This application, for grant of anticipatory bail, arises out of Lalganj P.S. Case No. 197 of 2016, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 448, 307, 354, 379, 504 and 427 of the Indian Penal Code.
Petitioner No. 1, is father of petitioner Nos. 2 and 3. They are said to have assaulted the informant with iron rod, danda and sickle (hasua). It is alleged against petitioner No. 2, that he assaulted the informant with sickle and when the informant attempted to flee away to save his life, the accused persons chased him to his shop and assaulted the informant's father also. It is also alleged that they assaulted the mother of the informant. Learned counsel, appearing on behalf of the petitioner, has
Patna High Court Cr.Misc. No.43269 of 2016 (2) dt.25-10-2016 2/2 submitted that they are not required in any other case and the petitioner's and informant are agnates. He has also submitted that there is a land dispute between the parties, which is the reason behind the scuffle between them.
Considering the submission, as above, this application is allowed. Let the petitioners, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 197 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present themesleves 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) sunil/-c U T