Shrawan Sah @ Sarwan Sah And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.32611 of 2017 (3) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32611 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -KATRAHA District- VAISHALI(HAJIPUR) ======================================================

1. Shrawan Sah @ Sarwan Sah, son of Satan Sah,

2. Satan Sah, son of Late Ram Brahm Sah,

3. Kanhai Sah @ Kahani Sah, son of Late Ram Babu Sah,

4. Tuman Sah, son of Late Shiv Saran Sah, All resident of village- Ghataro (Dhibrapar), P.S.- Katahan, District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kartahan P.S. Case No. 30 of 2017, registered under Sections 147, 148, 149, 341, 323, 324, 325, 307, 353, 332, 333 and 337 of the Indian Penal Code.

The accusation is that on receiving secret information about gathering of miscreants in the village Ghataro Tola, informant along with other police officials reached there and apprehended three persons from the house of Pankaj Sah. When the police moved from there along with apprehended persons then nine persons named in the F.I.R. including the petitioners along

Patna High Court Cr.Misc. No.32611 of 2017 (3) dt.10-08-2017 with 25-30 persons having lathi, sword and Bhala came there and succeeded to get free the caught hold persons. Learned counsel for the petitioners submits that, in fact, Kartahan P.S. Case No. 17 of 2016 was instituted on the written report of Arti Kumari against Pankaj Sah, Vivek Kumar and Rakesh Kumar, in which, petitioner no. 1 and his other family members were the witnesses due to that reason petitioner no. 1 and his family members have falsely been implicated in this case. Moreover, no injury detailed in the case diary, which is said to be caused to the police officials.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six 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 Additional Chief Judicial Magistrate-V, Vaishali at Hajipur, in connection with Kartahan P.S. Case No. 30 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T