Suraj Sah @ Surya Narain Sah And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.35516 of 2017 (3) dt.30-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35516 of 2017 Arising Out of PS.Case No. -101 Year- 2017 Thana -RAGHOPUR District- SUPAUL ======================================================
1. Suraj Sah @ Surya Narain Sah, Son of Bhola Sah,
2. Bhanchand Sah @ Bhanu Chandra Sah,
3. Shashibhusan Sah,
4. Bauya Sah @ Nitesh Sah @ Nitesh Kumar Son of Sahdeo Sah,
5. Sahdeo Sah, Son of Fuho Sah,
6. Bhago Sah @ Bhag Narain Sah,
7. Teja Sah @ Tej Nr. Sah, Sons of Nageshwar Sah, All are R/o VillageJahalipatti, P.S.- Raghopur, District- Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Sri Jai Narain Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 30-08-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Raghopur Police Station Case No. 101 of 2017, disclosing offences under Sections 147, 149, 341, 323, 324, 504, 506, 307, 354(B), 447, 427 and 379 of the Indian Penal Code. Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, there is land dispute between the parties and on account of said land dispute, altercation took place between the parties but no injury caused to
Patna High Court Cr.Misc. No.35516 of 2017 (3) dt.30-08-2017 the informant, which is evident from Annexure-2. Therefore, no case under Section 307 of the Indian Penal Code is made out against these petitioners. Hence, the petitioners deserve the privilege of anticipatory bail.
Considering the facts and circumstances of the case, 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 bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Birpur (Supaul), in connection with Raghopur Police Station Case No. 101 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) Brajesh/- U T