Moti Lal Sah And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19646 of 2015 Arising Out of PS.Case No. -110 Year- 2014 Thana -SIDHWALIA District- GOPALGANJ ======================================================

1. Moti Lal Sah. S/o Late Krishna Sah. Resident of village - Chandparna, P.S. and P.O.- Sidhwalia, District - Gopalganj. Presently residing at Bunchiyam Sidhwalia Bazar, P.S.- Sidhwalia, District - Gopalganj.

2. Ishwar Sah. S/o Late Krishna Sah. Resident of village - Chandparna, P.S. and P.O.- Sidhwalia, District - Gopalganj. Presently residing at Bunchiyam Sidhwalia Bazar, P.S.- Sidhwalia, District - Gopalganj.

3. Hari Lal Sah. S/o Late Ram Lochan Sah. Resident of village - Chandparna, P.S. and P.O.- Sidhwalia, District - Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Satyendra Rai, Advocate For the Opposite Party/s : Mr. Shakir Ahmad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-04-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 447/341/323/324/307/34 of the Indian Penal Code. It is alleged that petitioner no. 1 and co-accused Prahalad Prasad Sah assaulted with 'farsa' and knife to the informant causing injury on the head. One of the injuries of the informant was found to be grievous whereas others are simple in nature. It is further alleged that when son of the informant came to rescue petitioner nos. 2 and 3 assaulted him causing one sharp

Patna High Court Cr.Misc. No.19646 of 2015 (2) dt.29-04-2015 2/2 cut injury of marginal size which simple in nature. It is submitted by learned counsel for the petitioners that in the background of land dispute the accusation has been levelled. There is counter version of the occurrence also. Considering the nature of accusation against petitioner no. 1 to have caused grievous injury to the informant, let the learned Court below consider the prayer for regular bail of the petitioner no.1, if he surrenders within a period of six weeks. With the above observation, this application with respect to petitioner no.1 is, accordingly, disposed off. So far as petitioner nos.

2 and 3 are concerned, considering the accusation of general and omnibus nature, let them be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Sidhwalia P.S. Case No.110 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.