Hare Ram Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18773 of 2015 Arising Out of PS.Case No. -230 Year- 2014 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Hare Ram Sah, Son of Late Kishun Sah.

2. Malu Sah, Son of Hira Sah.

3. Pankaj Kumar @ Pankaj Sah, Son of Raj Nath Sah.

4. Chandan Kumar Gupta @ Chandan Sah, Son of Late Chhathi Lal Gupta.

5. Raj Kishore Sah, Son of Late Sri Ram Sah.

6. Bulbul Kumar @ Bulbul Sah, Son of Chhathi Lal Sah.

7. Tuntun Sah, Son of Hare Ram Sah.

8. Niraj Kumar @ Nira Sah, Son of Raj Kishore Sah.

9. Hira Sah, Son of Late Sri Ram Sah. All are Residents of village - Gheghra, Police Station - Chapara Muffasil, District - Saran at Chapra. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : None For the Opposite Party/s : Mr. Rajendra Nath Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 17-06-2015 Having regard to the nature of omnibus and vague allegation for offence under sections 323, 341, 307/34 of the Indian Penal Code wherein the informant has not even alleged any specific overt act against the petitioners nor has even given the date and time of occurrence, this Court having also kept in mind that the petitioners have got no criminal antecedent would direct that if the petitioners, namely, 1. Hare Ram Sah, 2. Malu Sah, 3. Pankaj Kumar @ Pankaj Sah, 4. Chandan Kumar Gupta @ Chandan Sah, 5. Raj Kishore Sah, 6. Bulbul Kumar @ Bulbul Sah,

7. Tuntun Sah, 8. Niraj Kumar @ Niraj Sah and 9. Hira Sah, surrender before the court below within a period of four weeks

Patna High Court Cr.Misc. No.18773 of 2015 (2) dt.17-06-2015 from today, they shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in Chapra Muffasil P.S.Case No. 230/2014, subject to the following conditions:

(i) That the court below shall make verification of criminal antecedent of the petitioners and if it is found that they are accused in any other criminal case, they shall not be granted bail and would be taken into custody. (ii) That both the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailors will also undertake to inform the Court if there is any change in the address of the petitioners.

(iii) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iv) That the petitioners will be well represented on each and every date of trial and if they fail to do so on two

Patna High Court Cr.Misc. No.18773 of 2015 (2) dt.17-06-2015 consecutive dates, their bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) surendra/- U