Rameshwar Sada And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19454 of 2016 Arising Out of PS.Case No. -240 Year- 2015 Thana -NAUHATTA DistrictSAHARSA =====================================
1. Rameshwar Sada, Son of Late Baleshwar Sada
2. Bahadur Sada, Son of Late Budhan Sada
3. Parmeshwar Sada, Son of Late Baleshwar Sada
4. Sikander Sada, Son of Parmeshwar Sada
5. Kaushik Sada @ Kaushil Sada, Son of Parmeshwar Sada
6. Pradeep Sada, Son of Rameshwar Sada
7. Charan Sada @ Sheo Charan Sada, Son of Late Dahu Sada
8. Subadh Sada, Son of Late Dahur Sada
9. Shrawan Sada, Son of Sheo Charan Sada
10. Surendra Sada, Son of Rameshwar Sada All resident of Village-Bakunian, P.S.-Nauhatta (Darhar O.P.), District-Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha, Adv. For the Opposite Party/s : Mr. Sanjay Kr. Singh (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Patna High Court Cr.Misc. No.19454 of 2016 (2) dt.19-05-2016 2/3 This application, for grant of anticipatory bail, arises out of Nauhatta P.S. Case No.240 of 2015, disclosing offences under Sections 147, 148, 149, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioners has submitted that it is evident from the First Information Report that the petitioners and the informant are on inimical terms. For the same occurrence, alleged to have taken place on 19.11.2015, the wife of the petitioner No.7 and the present informant lodged two First Information Reports, being Nauhatta P.S. Case Nos.241 of 2015 and 240 of 2015, respectively. He has further submitted that the petitioners' side received more injuries than that of the informant's side. It has further been submitted that no injury has been found to be grievous in nature so far. Considering the submission, as above, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IIIrd, Saharsa, in connection with
Patna High Court Cr.Misc. No.19454 of 2016 (2) dt.19-05-2016 3/3 Nauhatta P.S. Case No.240 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners, abovenamed, shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Praveen-II/- U T