Hani Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47588 of 2019 Arising Out of PS. Case No.-433 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== 1.

Hani Sah, Son of Lokpal Sah Resident of Mohalla - Chhoti Khanjarpur (Ishakchak), P.S.- Barari, Distt - Bhagalpur. 2.

Golu Sah Son of Lokpal Sah Resident of Mohalla - Chhoti Khanjarpur (Ishakchak), P.S.- Barari, Distt - Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kotwali (Jogshar) P.S. Case no. 433 of 2019, registered under Section 341, 323, 379 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act. The accusation is that in the evening of 21.05.2019, informant Rajesh Ranjan was going to his house, when he reached at Bajrangbali Chowk then saw that both the petitioners along with their brother were assaulting to neighbour Rahul Kumar. On seeing the informant they started assaulting him through butt of the firearm. When informant made protest

Patna High Court CR. MISC. No.47588 of 2019(2) dt.31-07-2019 2/2 then petitioner No.1 Hani Sah fire twice and petitioner No.2 Golu Sah snatched his golden chain and also cash of Rs. 15,000/-.

Learned counsel for the petitioners submits that, in fact, informant and others had come at the grocery shop of the petitioners for making demand of ransom and at that time, hot talks were exchanged regarding which Kotwali Barari P.S. Case No. 437 of 2019 was instituted against informant and others of the present case. The petitioners have no criminal antecedent.

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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Jogshar) P.S. Case No. 433 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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