Bhagirath Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11173 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -PASRAHA District- KHAGARIA ======================================================

1. Pawan Sah,

2. Hare Ram Sah, Both sons of Late Sigeshwar Sah, both resident of Village- Paharpur, P.S.- Bhawanipur, District- Bhagalpur.

3. Munna Sah, son of Late Prithvi Sah, resident of Village- Narayanpur, P.S.- Bhawanipur, District- Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.11447 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -PASRAHA District- KHAGARIA ======================================================

1. Bhagirath Sah,Bhagirath Sah & Ors S/o late Kallar Sah

2. Sanjay Sah

3. Ranjeet Sah Both Sons of Bhagirath Sah, all Resident of VillageNarayanpur, P.S.-Bhawanipur, District-Bhagalpur .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.11173 of 2017) For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate. For the Opposite Party/s : Mr. Rajkishore Singh, APP.

Patna High Court Cr.Misc. No.11173 of 2017 (4) dt.05-05-2017 2/3 (In Cr.Misc. No.11447 of 2017) For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Bisheshwar Ram, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-05-2017 Heard both sides.

The petitioners apprehend their arrest in Pasraha P. S. Case No. 03 of 2017 registered for the offences under Sections 341, 323, 308, 504, 506 and 34 of the Indian Penal Code.

The informant alleged that while he was sowing seeds in his field, the petitioners and others came and assaulted the informant, his brother and other family members. Learned counsel for the petitioners submits that there is bona fide land dispute between the parties. Bhagirath Sah petitioner no.1 in Cr. Misc. No. 11447 of 2017 filed Title Suit No. 22 of 2011 for partition of the property. All the injured got simple injuries.

Considering the facts aforesaid that on account of land dispute, the occurrence has taken place and the injured got simple injuries, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period

Patna High Court Cr.Misc. No.11173 of 2017 (4) dt.05-05-2017 3/3 of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail 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 Additional Chief Judicial Magistrate-II, Khagaria in Pasraha P. S. Case No. 03 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Mishra/- U T