Sulendra Sada v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51015 of 2019 Arising Out of PS. Case No.-195 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== 1.
SULENDRA SADA Son of Late Bauki Sada Resident of Village - Babhangama, P.S.- Khagaria, District - Khagaria 2.
Nago Prasad @ Nago Sada Son of Sri Anandi Sada Resident of Village - Babhangama, P.S.- Khagaria, District - Khagaria 3.
Babalu Sada @ Babalu @ Sanjeev Sada Son of Late Panchu Sada Resident of Village - Babhangama, P.S.- Khagaria, District - Khagaria ... ... Petitioners.
Versus
The State of Bihar ... ... Opposite Party.
====================================================== Appearance :
For the Petitioners :
Mr. Ajay Kumar Thakur, Advocate.
Mrs. Babita Kumari, Advocate.
For the State :
Mr. Satya Nand Shukla, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Khagaria (Gangaur) P.S. Case No.195 of 2019 registered under Sections 147, 148, 149, 341, 323, 504, 506, 379, 342, 120B and 307 of the Indian Penal Code besides Section 27 of the Arms Act. The accusation is that due to old enmity, 10 persons, named in the F.I.R., including the petitioners along with 5-6 others surrounded the informant Banti Kumar. Thereafter, Rajesh Sada caught hold the collar of the shirt of the informant and Mahesh Sada caused injury at the head of the informant through the butt of the rifle
Patna High Court CR. MISC. No.51015 of 2019(3) dt.22-08-2019 2/2 and others also caused assault to the informant through lathi and danda. When Mohan Yadav and Deepak Kumar, the brother and villager respectively of the informant, rushed to save the informant, then Jitendra Sada started to abuse and caused injury to them through the butt of the rifle. At that time, Rajesh Sada took the gold chain and mobile of the informant.
Learned counsel for the petitioners submits that while the petitioners are named in the F.I.R. but no specific overt act is attributed to them. The petitioners have no criminal antecedents. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Gangaur) P.S. Case No.195 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T