Manganu Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54654 of 2018 Arising Out of PS. Case No.-48 Year-2018 Thana- ANDHRATHARHI District- Madhubani ======================================================
1. Manganu Sah, Son of Ramnandan Sah,
2. Sunil Sah, Son of Jai Narayan Sah, Both resident of Village- Pastan, P.S.- Andhrathari, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Umanath Mishra, Adv.
For the State :
Mr. Uma Shankar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-01-2019 Heard learned counsels for the petitioners informant and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 504 and 506 of the IPC.
The prosecution case, as per the ferdbeyan of Raghunandan Sah recorded by S.I., Ramchandra Mandal, SHO Andhrathari Police Station on 08.05.2018 at 10.30 A.M., in Andhrathari Referal Hospital is to the effect that on 08.05.2018 at 6.00 A.M., when the informant was going from tea shop to his house, in the meantime, 14 accused persons came and assaulted the informant with lathi and danda. When the family members came to rescue, then they
Patna High Court Cr.Misc. No.54654 of 2018(3) dt.03-01-2019 2/3 were also assaulted by the accused persons.
It is submitted by learned counsel for the petitioners that in the background of previous land dispute, the accusation has been levelled against the petitioner. There is also a counter version of the occurrence being Andhrathari P.S. Case No. 49 of 2018 registered against the informant and others. A statement has been made in paragraph no. 3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned counsel for the informant that there is specific accusation of assault against the petitioners.
Considering the genesis of occurrence and injuries caused are found to be simple in nature, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM-III, Jhanjharpur in connection with
Patna High Court Cr.Misc. No.54654 of 2018(3) dt.03-01-2019 3/3 Andhrathari P.S. Case No. 48 of 2018 subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T