Lochan Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5272 of 2017 Arising Out of PS.Case No. -310 Year- 2016 Thana -BELHAR District- BANKA ======================================================

1. Lochan Sah, Son of Late Sukhdev Sah.

2. Karunesh Sah.

3. Mukesh Sah.

4. Vidhan Sah 2 to 4 are son's of Lochan Sah, resident of Village- Khesar, O.P. P.S. Belhar (Khesar), Dist.- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 Heard the parties.

This application has been filed in connection with Belhar (Khesar) P.S.Case No.310 of 2016 for the offence under Sections 341, 323, 325, 307, 379 and 504/34 of the Indian Penal Code. It is submitted on behalf of the petitioners that there is land dispute between the parties and several cases are going in between the parties and there is omnibus allegation against the petitioners and the injuries are simple in nature on the person of the injured and another injured person was referred to Bhagalpur Sadar Hospital but he was returned without any treatment there. Heard learned A.P.P. also.

Having heard both sides. In view of the fact that several

Patna High Court Cr.Misc. No.5272 of 2017 (2) dt.15-02-2017 2/2 cases are going on between the parties and the injuries are simple in nature, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M. II, Banka in connection with Belhar (Khesar) P.S.case No.310 of 2016 , subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make available as and when required by the Police and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U