Rajesh Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49380 of 2018 Arising Out of PS. Case No.-427 Year-2017 Thana- JOGAPATTI District- West Champaran ======================================================

1. Rajesh Sah,

2. Rajendra Sah, Both sons of Akshay Lal Sah and R/o Village- Dhanwatiya, Pipara Tola, Gobarahiya, P.S.- Yogapatti, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-08-2018 Heard Sri Bimlesh Kumar Pandey, learned counsel for the petitioners . None appeared on behalf of the State. Two petitioners , who are in custody since 26.06.2018 in connection with Yogapatti P.S. Case No. 427 of 2017 , registered for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 354 (B), 379, 504, 506 of the Indian Penal Code, 1860, have prayed for grant of bail.

It was submitted by learned counsel for the petitioners that from the F.I.R. itself it is evident that due to old land dispute occurrence has taken place. Sri Bimlesh Kumar Pandey , learned counsel for the petitioners further submits by way of referring to Annexure -2 to the petition that mother of

Patna High Court Cr.Misc. No.49380 of 2018(2) dt.20-08-2018 2/2 petitioners is informant in a case in which her fardbyan was recorded in M.J.K. hospital immediately after the occurrence of the present case. He submits that both sides had participated in the occurrence in which it was alleged that petitioner no. 2 used iron rod and petitioner no. 1 used Axe. Considering the fact that there was case and counter case in between the parties, nature of accusation and period of custody as well as clean antecedent of the petitioners, let both the petitioners (1) Rajesh Sah and (2) Rajendra Sah be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah , West Champaran / concerned court in connection with Yogapatti P.S. Case No. 427 of 2017.

(Rakesh Kumar, J) praful/- U T