Rajesh Sah @ Indal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49680 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- DHANKUND District- Banka ====================================================== 1.
RAJESH SAH @ INDAL SAH Son of Late Ghanshyam Sah Resident of Village - Atpahara, P.S.- Dhankunda, District- Banka 2.
Bajrangi Yadav Son of Jagdish Yadav Resident of Village - Atpahara, P.S.- Dhankunda, District- Banka 3.
Sarvan Yadav Son of Jagdish Yadav Resident of Village - Atpahara, P.S.- Dhankunda, District- Banka 4.
Tulshi Yadav Son of Ganesh Yadav Resident of Village - Atpahara, P.S.- Dhankunda, District- Banka 5.
Pramod Sah Son of Late Shitabi Sah Resident of Village - Atpahara, P.S.- Dhankunda, District- Banka 6.
Rajkumar Yadav Son of Shaligram Yadav Resident of Village - Atpahara, P.S.- Dhankunda, District- Banka 7.
Arvind Sah Son of Naresh Sah Resident of Village - Devrar, P.S.- Dhoraiya, District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Gupta For the Opposite Party/s :
Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-08-2019 It is stated that petitioner nos. 1 and 7, namely, Rajesh Sah @ Indal Sah and Arvind Sah, respectively, during the pendency of this application, have been arrested and this application to the extent it relates to them has become infructuous.
This application is accordingly dismissed as having become infructuous to the extent it relates to petitioner nos. 1
Patna High Court CR. MISC. No.49680 of 2019(2) dt.08-08-2019 2/3 and 7.
Heard learned counsel for the parties.
The application for anticipatory bail on behalf of the petitioner nos. 2 to 6 arises out of Dhankund P.S. Case No. 20 of 2019, disclosing offences under Sections 341, 323, 307, 427, 448, 504 and 506/34 of the Indian Penal Code. It is evident from the FIR that the accused persons had disputed the title of the informant in respect of the land, over which he was constructing a house, which resulted in the alleged occurrence. There is allegation of using abusing language and assaulting the informant and his family members. Considering the genesis of the occurrence and the nature of allegation, this application is allowed. Let petitioner nos. 2 to 6, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Dhankund P.S. Case No. 20 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners
Patna High Court CR. MISC. No.49680 of 2019(2) dt.08-08-2019 3/3 shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T