Uday Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37022 of 2018 Arising Out of PS.Case No. -69 Year- 2018 Thana -SHEOHAR District- SHEOHAR ======================================================

1. Uday Sah S/o Late Ramchandra Sah

2. Sajak Sah @ Ram Sakal Sah S/o Late Rajendra Sah

3. Ram Babu Sah S/o Late Janki Sah All are residents of Village Kahatarwa, P.S. + District Sheohar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-08-2018 Heard learned counsel for the petitioners, the informant as well as the State.

The petitioners apprehend their arrest in Sheohar P.S. Case No. 69/2018, instituted for the offences punishable under Sections 341, 323, 379, 384, 506 and 34 of the Indian Penal Code. It is alleged in the written report that these petitioners along with other accused persons armed with sharp cutting weapons came and made demand of Rs. 2 lakhs as ransom. On refusal, the petitioners assaulted the informant and took Rs. 50,000/- cash from his pocket and also looted 30 to 40 kg fish.

Learned counsel for the petitioners has submitted that a partition suit is going on between the informant of this case and owner of these petitioners vide Partition Suit No. 53/2009. Case diary has been received. There is no mention of

Patna High Court Cr.Misc. No.37022 of 2018 (6) dt.06-08-2018 2/2 any injury. There is general and omnibus allegation against these petitioners of assault.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Sheohar P.S. Case No. 69/2018, they shall be released on anticipatory 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 Chief Judicial Magistrate, Sheohar, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J.) Rakhi U T