Hajari Sah And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28904 of 2015 Arising Out of PS.Case No. -50 Year- 2015 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Hajari Sah Son of Ram Lagan Sah
2. Mahesh Sah @ Mahesh Prasad, Son of Hajari Sah,
3. Suresh Sah @ Suresh Prasad, Son of Hajari Sah,
4. Ashok Sah @ Ashok Prasad, Son of Hajari Sah
5. Santosh Sah @ Santosh Prasad Son of Ganesh Sah, all are Resident of village- Maheshpur, P.S. Gopalpur, District- West Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2015 Learned counsel for the petitioners is not assailing the bail application on behalf of the petitioners no.1,2 and 5 and the same is dismissed as withdrawn.
The petitioners no.3 and 4 are apprehending their arrest in Gopalpur P.S.Case No.50/15 for the offences under Sections 147, 148, 149, 323, 324, 307, 380 of the I.P.C.and later on Section 302 of the I.P.C. was also added.
Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The prosecution case, in brief, is that while the
Patna High Court Cr.Misc. No.28904 of 2015 (2) dt.24-07-2015 2/3 informant on 2.5.2015 was constructing hut over his land all the accused persons including the petitioners having variously armed with deadly weapons started removing his Tati and on protest made by the informant assaulted him with iron rod causing injury on his back. Petitioner Suresh Sah also assaulted the elder brother of the informant with iron rod causing injury on his left hand. Accused persons entered into the house of the informant and took away Rs.1/- lac from the box. On hulla people of the vicinity came and pacified the matter and the informant was taken to the Hospital for treatment.
It has been submitted on behalf of the petitioners that petitioners no.3 and 4 are not said to be the assailants of the deceased. The petitioners have got no criminal antecedent. On behalf of the State it has been stated that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners no.3 and 4, above named, in the event of their arrest or surrender before the court below within six months from today be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sri Wasims Akhatar Khan, J.M., 1st Class, Bettiah, West
Patna High Court Cr.Misc. No.28904 of 2015 (2) dt.24-07-2015 3/3 Champaran, in Gopalpur P.S. Case No.50/15 subject to the conditions as laid down under Section 438(2) of Cr.P.C. (Sudhir Singh, J) AnilKrSinha/- U T