Bishnu Kumar Sah And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6672 of 2018 Arising Out of PS. Case No.-170 Year-2014 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ======================================================

1. Bishnu Kumar Sah , son of Late Devi Prasad Sah

2. Mahesh Pd. Sah @ Mahesh Sah @ Mahesh Kumar Sah, son of Bishnu Kumar Sah

3. Rajesh Kumar Sah @ Rajesh Kumar Shah, son of Bishnu Kumar Sah, All are residents of village- Khalifabag, P.s. Aadampur, District-Bhagalpur. ... ... Petitioners

Versus

1. The State of Bihar

2. Mahendra Nath Banka, son of Late Satya Narayan Banka, resident of village- Khalifabag, Police Station-Aadampur, District-Bhagalpur ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Nandan Prasad, Adv.

For the Opposite Party/s :

Mr. Parmanand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 12-02-2018 Heard Sri Braj Nandan Prasad, learned counsel for the petitioners and Sri Parmanand Prasad, learned Addl. Public Prosecutor.

Three petitioners, apprehending their arrest in Complaint Case No.170/2014 registered for the offence under Sections 406 and 420 of the Indian Penal Code, have prayed for grant of bail, in the event of their arrest or surrender.

Learned counsel for the petitioners, by way of referring to the complaint petition, submits that in a case of civil dispute, colour of criminal offence has been given. He further submits that besides filing of complaint petition, the complainant has

Patna High Court Cr.Misc. No.6672 of 2018(2) dt.12-02-2018 2/2 also filed a Title Suit vide T.S.No.715 of 2014. Besides hearing learned counsel for the parties, I have also perused the material available on record and after going through the same, the Court is of the opinion that it is a fit case for extending the privilege of anticipatory bail. Accordingly, let aforesaid three petitioners, namely, (i) Bishnu Kumar Sah (ii) Mahesh Pd. Sah @ Mahesh Sah @ Mahesh Kumar Sah and (iii) Rajesh Kumar Sah @ Rajesh Kumar Shah, in the event of their arrest or surrender within a period of six weeks from today, be enlarged 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 Sri N. Dayal, learned Judicial Magistrate, Bhagalpur in connection with Complaint Case No.170/2014, subject to condition as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) nawalkrs/- U T