Birbal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52920 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- BUDHUCHAK District- Bhagalpur ====================================================== 1.

Birbal Sah, Son of Raja Sah, Resident of Village - Khawaspur, P.S.- Ekchari, District - Bhagalpur.

2.

Sarwan Sah, Son of Pattu Sah, Resident of Village - Ekdara, P.S.- Budhuchak, District - Bhagalpur 3.

Pattu Sah Son of Late Janardhan Sah, Resident of Village - Ekdara, P.S.- Budhuchak, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 427, 504 and 506/34 of the IPC.

The prosecution case is that in the background of tenancy dispute between petitioner nos. 2 and 3 and the informant, petitioner no.1 and his friends resorted to fire causing damages of the windshield of the car and injury to the informant.

Patna High Court CR. MISC. No.52920 of 2019(3) dt.20-11-2019 2/3 Learned counsel for the petitioners submits that the accusation has been levelled in the background of tenancy dispute and as per own admission of the informant, the injury of the informant has been found simple. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP, after going through the case diary, submits that the case diary does not contain the injury report. It is further submitted that in the background of tenancy dispute between petitioner nos. 2, 3 and the informant, the petitioner nos. 2 and 3 hired petitioner no.1, who resorted to fire upon the informant. Considering the nature of accusation in the background of tenancy dispute and the injury, being found simple, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Bhagalpur in connection with Budhuchak P.S. Case No. 29 of 2019, subject to

Patna High Court CR. MISC. No.52920 of 2019(3) dt.20-11-2019 3/3 the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T