Mahendra Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12346 of 2015 Arising Out of PS.Case No. -369 Year- 2014 Thana -SONEPUR District- SARAN ======================================================

1. Mahendra Sah Son of Late Kali Sah

2. Sanjay Sah Son of Late Kailash Sah Resident of Village- Bharpura, Police Station- Sonepur, District- Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Najmul Hoda For the Opposite Party/s : Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-05-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Sonepur Police Station Case No. 369 of 2014 registered for the offences punishable under Sections 467,468,420/ 34 of the Indian Penal Code.

It is pointed out that petitioner no. 2, namely Sanjay Sah has been arrested by the police during pendency of this petition, and, as such, the prayer for anticipatory bail of the petitioner no.2, namely, Sanjay Sah has become infructuous. Accordingly, this petition with respect to petitioner no.2, namely, Sanjay Sah, stands dismissed being infructuous.

Patna High Court Cr.Misc. No.12346 of 2015 (2) dt.01-05-2015 2/2 Learned counsel appearing for petitioner no. 1 pointed out that petitioner is co-sharer and as a matter of fact, the partition has not been taken place between the parties in respect of ancestral lands and so even if the prosecution story is assumed to be true, then also, at best, it is a case of civil nature. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition with respect to petitioner no. 1 is allowed and it is ordered that petitioner no. 1 namely, Mahendra Sah, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Chapra in Sonepur Police Station Case No. 369 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U T