Dev Nath Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3373 of 2016 Arising Out of PS.Case No. -76 Year- 2015 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dev Nath Sah

2. Ram Bharosha Sah Both are sons of late Gandhi Sah all are r/o Village Baswariya, P.s Moffasil, District East Champaran ,Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Renuka Ratnakar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,341,323 and 307 of the Indian Penal Code. The prosecution case is that for a dispute with regard to parking of Scorpio vehicle the co accused Nathuni Sah abused the informant and assaulted with knife over the right eye when he fell down then other accused persons assaulted with fist and slaps. It is submitted by the learned counsel for the petitioners that the accusation against the petitioners is omnibus and general. The injury report of the informant suggests no injury by sharp cutting weapon and injury has been found to be simple. All the

Patna High Court Cr.Misc. No.3373 of 2016 (2) dt.21-01-2016 2/2 injuries have been caused by hard and blunt substance. The petitioners were not sent up for trial whereas charge sheet against others was submitted but subsequently differing with the final form cognizance has been taken.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari in connection with Chhatauni P.S. Case No.76 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T