Awadh Bihari Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35707 of 2015 Arising Out of PS.Case No. -39 Year- 2015 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Awadh Bihari Sah son of Late Thakur Sah
2. Ram Bihari Sah, Son of Late Devilal Sah, both resident of villageShampur, P.S.- Sangrampur, 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. Abhay Kumar Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-08-2015 Heard learned counsels for the petitioners and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code. It is alleged against the petitioners that they had assaulted the informant causing injury on his head. The other accused assaulted the husband and son of the informant and took away Rs 1500/- and Jewellery.
It is submitted by learned counsel for the petitioners that there is counter version of the occurrence and the injuries sustained by the informant is simple in nature. A statement has
Patna High Court Cr.Misc. No.35707 of 2015 (2) dt.21-08-2015 2/2 been made in para 3 that petitioners have no criminal history prior to this case.
Considering that there is counter version of the occurrence and the nature of injury, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champran, Motihari in connection with Sangrampur P.S. Case No. 39 of 2015 (G. R. No. 1412 of 2015) subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Prakash/- U T