Mahesh Sada v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48892 of 2019 Arising Out of PS. Case No.-82 Year-2019 Thana- ALOULI District- Khagaria ====================================================== 1.
MAHESH SADA Son of Aghnu Sada Resident of Village - Santosh, P.S.- Alauli, Distt - Khagaria.
2.
Sulendra Sada @ Surendra Sada Son of Mahesh Sada Resident of Village - Santosh, P.S.- Alauli, Distt - Khagaria.
3.
Komal Sada Son of Mahesh Sada Resident of Village - Santosh, P.S.- Alauli, Distt - Khagaria.
4.
Viran Sada Son of Mahesh Sada Resident of Village - Santosh, P.S.- Alauli, Distt - Khagaria.
5.
Nandlal Sada Son of Mahesh Sada Resident of Village - Santosh, P.S.- Alauli, Distt - Khagaria.
6.
Suraj Sada Son of Ganesh Sada Resident of Village - Santosh, P.S.- Alauli, Distt - Khagaria.
7.
Jawahar Sada Son of Ganesh Sada Resident of Village - Santosh, P.S.- Alauli, Distt - Khagaria.
8.
Guriya Devi Wife of Sulendra Sada Resident of Village - Santosh, P.S.- Alauli, Distt - Khagaria.
9.
Khedni Devi Wife of Sulendra Sada Resident of Village - Santosh, P.S.- Alauli, Distt - Khagaria.
10.
Mala Devi Wife of Nandlal Sada Resident of Village - Santosh, P.S.- Alauli, Distt - Khagaria.
... ... Petitioners
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar, Advocate For the Opposite Party/s :
Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners in the present case are seeking anticipatory bail in connection with Alauli P.S. Case No. 82 of 2019 registered for the offences punishable under Sections 147,
Patna High Court CR. MISC. No.48892 of 2019(3) dt.20-11-2019 2/3 148, 341, 323, 308, 448, 380, 504 and 506 of the Indian Penal Code.
Learned counsel for the petitioners submits that there is no specific allegation against any of the petitioners regarding causing any assault to the informant. There is case and counter case between the parties and also there is land dispute between them.
Learned APP after going through the case diary did not controvert the aforesaid submission.
Considering the facts and circumstances of the case where the parties have a land dispute and it appears that there is case and counter case between the parties leading to different stories of the occurrence and in course of submission even learned APP for the State submits that there seems a general and omnibus allegation and no specific case has been alleged against any of the petitioners of causing assault on the head of the informant, let the petitioners above named in case of their arrest or surrender within a period of four weeks from today in Alauli P.S. Case No. 82 of 2019 be released on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.
Patna High Court CR. MISC. No.48892 of 2019(3) dt.20-11-2019 3/3 (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T