Mithilesh Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53234 of 2016 Arising Out of PS.Case No. -137 Year- 2016 Thana -BHELDI District- SARAN ======================================================
1. Mithilesh Sah, S/o Late Jagdish Sah
2. Sudarshan Sah, S/o Late Shivjee Sah
3. Akhilesh Sah, S/o Late Sudarshan Sah
4. Mangani Sah, S/o Baldeo Sah, All are R/o Vill. Samaspura, P.S. Bheldi, District - Saran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Prakash For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Bheldi P.S. Case No. 137 of 2016 registered under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.
The accusation is that when the informant was present near his semi constructed house, all the petitioners along with Kamlesh Sah reached there and told that why you are making construction, this land had been purchased by us then the informant made protest and Kamlesh Sah ordered to kill the informant. Thereafter, all started to assault the informant through lathi and iron rod causing head injury and on
Patna High Court Cr.Misc. No.53234 of 2016 (2) dt.08-12-2016 2/3 raising alarm, his brother Bhola Sah and his sons Rahul Kumar, Satrudhan Sah, and Moti Sah rushed to save him then they were also assaulted by them. In that course, Mithilesh Sah snatched cash Rs. 7000/- from the pocket of the informant. Learned counsel appearing on behalf of the petitioners submits that in fact, due to land dispute, occurrence took place, in which petitioners' side also sustained injury regarding which Bheldi P.S. Case No. 135 of 2016 is also instituted under Sections 341, 323, 324, 337, 379 and 34 of the I.P.C. on the basis of written report of the accused Kamlehsh Sah against the informant of the present case and his family members. Moreover, injury as found on the person of the informant, his brother and sons are of simple in nature caused by hard and blunt substances. Further submission is that petitioners have no criminal antecedent.
Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the J.M., Chapra, Saran in connection with Bheldi P.S. Case No. 137 of 2016,
Patna High Court Cr.Misc. No.53234 of 2016 (2) dt.08-12-2016 3/3 subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Rajendra Kumar Mishra, J) Shail/- U T