Patna High CourtCR. MISC./56166/2018bail granted

Surendra Sah And ANR v. The State Of Bihar

2018-12-10Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56166 of 2018 Arising Out of PS. Case No.-25 Year-2018 Thana- NAUTAN District- West Champaran ======================================================

1. Surendra Sah, S/o Late Banshi Sah,

2. Rita Devi, W/o Surendra Sah, Both resident of VillageSheorajpur, P.S.- Nautan, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-12-2018 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Nautan P.S. Case No. 25 of 2018 dated 01.02.2018 instituted for the offences under Sections 341, 323, 308, 379, 504 and 34 of the Indian Penal Code. The petitioner no. 1 is the full brother of the informant. It has been alleged that both the petitioners were waiting in ambush for causing hurt to him. No sooner did he cross the road, he was assaulted by petitioner no. 1 by means of an iron rod.

Learned counsel for the petitioner has submitted that there is a domestic dispute between the petitioners and

Patna High Court Cr.Misc. No.56166 of 2018(2) dt.10-12-2018 2/2 the informant and land related litigation is pending before the competent Court of law from before.

Earlier, petitioner no. 2 had also filed a case against the informant and others vide Nautan P.S. Case No. 520 of 2017.

Regard being had to the aforesaid facts as also taking into account that the petitioners have clean antecedents, the petitioners above-named are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Nautan P.S. Case No. 25 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U