Bifan Sah And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.28546 of 2015 (3) dt.01-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28546 of 2015 Arising Out of PS.Case No. -45 Year- 2014 Thana -NAVHATTA District- SASARAM (ROHTAS) ======================================================

1. Bifan Sah S/o - Late Nanhak Sah

2. Pappu Sah S/o - Binod Sah Both are resident of Lohra Nauhatta, P.S. - Nauhatta, District - Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashutosh Tripathy For the Opposite Party/s : Mr. Asha Devi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case instituted under Sections 147, 148, 149, 341, 323, 354, 504, 326 and 307 of the Indian Penal Code.

The allegation against the petitioners is that when the informant and his son were working in the field, the petitioners along with other co-accused came there and started abusing and assaulting them and when the informant's family members arrived there to rescue him and his son, they also assaulted them. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent and there is a case and counter case. The prosecution has not explained the injury caused

Patna High Court Cr.Misc. No.28546 of 2015 (3) dt.01-10-2015 to the petitioners' side, which creates a serious doubt upon the prosecution.

On behalf of the State, it is submitted that the petitioners are named in the first information report.

Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest/surrender in the court below within a period of four weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistate, Rohtas in connection with Nauhatta P.S. Case No.45 of 2014, subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

V.P.Sinha/- (Sudhir Singh, J) U