Sanjay Kumar @ Sanjay Sah And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25004 of 2014 Arising Out of PS.Case No. -56 Year- 2014 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Sanjay Kumar @ Sanjay Sah
2. Anjan Kumar @ Anjay Sah Both are S/o Yogendra Sah
3. Raju Kumar @ Raju Sah S/o Kishori Sah All are Resident of Village Block Road, Kaurihar Chowk, P.S. Raxaul, District East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Radha Mohan Pathak For the Opposite Party/s : Mr. Iftekhar Mahmood(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-02-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323 and 307 of the Indian Penal Code. Later on, section 302 IPC and section 27 of the Arms Act were added. It is alleged that a Panchaiti was convened in between Kishori Sah and Bharat Sah in which brother of the informant Jainarayan Prasad was Panch on behalf of Bharat Sah. During the course of Panchaiti, altercation took place
Patna High Court Cr.Misc. No.25004 of 2014 (3) dt.10-02-2015 2/3 when co accused Yagendra Sah (non petitioner) caused injury by pistol to Jainarayan Prasad, brother of the informant who subsequently succumbed to the injuries. Ajay Sah caused pistol injury to Hakik Mian. The petitioners Sanjay Sah, Raju Kumar alias Raju Sah and co accused Kishori Sah assaulted the cousin brother of the informant Jai Prakash Sah.
It is submitted by learned counsel for the petitioners that there is no injury report of Jai Prakash Sah on record and this fact has not been controverted by the learned APP after going through case diary. There is no specific accusation against the petitioner Anjan Kumar alias Anjay Sah. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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 learned
Patna High Court Cr.Misc. No.25004 of 2014 (3) dt.10-02-2015 3/3 SDJM, Raxaul, East Champaran in connection with Raxaul P.S. Case No. 56 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T