Lagan Sah And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1271 of 2016 ======================================================
1. Lagan Sah
2. Jay Shankar Sah, Both sons of late Sahdeo Sah Resident of Village Andauli, P.S. Sour Bazar District saharsa.
3. Mithilesh Kumar @ Mithlesh Sah Son of Jay Kumar Sah Resident of Village Patauri P.S. Singeshwar District Madhepura. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Subesh Sharma, Advocate For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-02-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Earlier the prayer for bail of these petitioners was rejected by this Court vide order dated 13.7.2015 passed in Cr. Misc. No.24663 of 2015, but the second anticipatory bail petition has been filed on behalf of the petitioners on the ground that the matter has amicably been settled between the parties and parties do not want to contest this case.
The Sour Bazar P.S. Case No.465 of 2014 has been registered under Sections 341, 323, 324, 379, 504 and 506/34 of the Indian Penal Code and 27 of the Arms Act and in the aforesaid case, petitioners seek the privilege of pre-arrest on the above
Patna High Court Cr.Misc. No.1271 of 2016 (2) dt.17-02-2016 2/2 stated ground. Since almost all the sections are compoundable in nature except Section 27 of the Arms Act, the petitioners should surrender before the court of C.J.M., Saharsa in connection with above stated Sour Bazar P.S. Case No.465 of 2014 within three weeks from the date of this order and if petitioners do so and file regular bail petition before the court below, the learned court below shall pass appropriate order on the regular bail application of the petitioners on the day of their surrender in accordance with law, particularly, keeping in my that parties have amicably settled their dispute and except section 27 of the Arms Act, almost all the sections appear to be compoundable in nature. In the aforesaid manner, this petition stands disposed of.
(Hemant Kumar Srivastava, J) N.H./- U T