Narad Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27255 of 2017 Arising Out of PS.Case No. -300 Year- 2016 Thana -HARSIDHI District- EAST CHAMPARAN (MOTIHARI) ======================================================
1. Narad Sah, Son of Gaya Sah,
2. Amar Sah,
3. Vijay Sah, Both are Sons of Ram Pravesh Sah,
4. Raju Sah, Son of Bharat Sah,
5. Seth Sah @ Seth Kumar, Son of Ram Pravesh Sah,
6. Asha Devi, Wife of Ram Pravesh Sah.
All are residents of Village- Olaha Bazaar, P.S.- Harsidhi, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Ganesh Prasad Singh ======================================================
CORAM:
HONOURABLE MR.
JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2017 Heard the parties.
This application, for grant of anticipatory bail, arises out of Harsidhi P.S. Case No. 300 of 2016, disclosing offences under Sections 341, 447, 323, 325, 307, 354, 379 and
Patna High Court Cr.Misc. No.27255 of 2017 (2) dt.01-07-2017 2/3 504/34 of the Indian Penal Code.
It is alleged that the petitioners were cutting tree, which belonged to the informant's share, which was objected to. The accused persons are said to have thereafter assaulted the informant, the informant's father and the informant's mother with Lathi-Danda. It is also alleged that golden chain and ear ring of the informant was also snatched. Learned counsel for the petitioners has submitted that it is evident from the First Information Report that the petitioners and informant are agnates and there is dispute of share between them.
Considering the nature of dispute between the parties leading to occurrence, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Harsidhi P.S. Case No. 300 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 petitioners
Patna High Court Cr.Misc. No.27255 of 2017 (2) dt.01-07-2017 3/3 shall present themselves 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) Praveen-II/- U T