Patna High CourtCR. MISC./49896/2018bail granted

Harendra Sah And ANR v. The State Of Bihar

2018-10-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49896 of 2018 Arising Out of PS.Case No. -84 Year- 2018 Thana -KARJA District- MUZAFFARPUR ======================================================

1. Harendra Sah, S/o Late Raktu Sah,

2. Vicky Sah @ Vicky Kumar, S/o Harendra Sah, Both Residents of Vill.- Badkagaon Naya Tola, P.S. - Karja, District - Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act. Petitioner Harendra Sah is full-brother of the informant and petitioner Vicky Sah is son of Harendra Sah. Allegation against both the petitioners is of firing which caused no injury to the informant. However, the informant has alleged that the FIR was delayed as he was getting treatment in a hospital. Submission is that there is no material to substantiate that the informant had received treatment and just to pressurize in the land dispute, false case has been lodged.

Patna High Court Cr.Misc. No.49896 of 2018 (2) dt.01-10-2018 2/2 Hence, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Karja Police Station Case No. 84 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Kundan/- U T