Patna High CourtCR. MISC./33084/2014bail granted

Sulindra Sah And ANR. v. The State Of Bihar

2015-02-04The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33084 of 2014 Arising Out of PS.Case No. -195 Year- 2013 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Sulindra Sah, Son of Vasudeo Sah

2. Hari Chandra Sah @ Harishandra Sah, Son of Late Sukeshwar Sah, Both are resident of Village - Olipur, Sarahiya, P.S. - Runni Saidpur, District - Sitamarhi .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Hans Lal Kumar, Adv. For the Opposite Party : Mr. Raj Kishore Singh (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-02-2015 The petitioners figured as accused in Runni Saidpur P.S. Case No.195/2013, on the file of Chief Judicial Magistrate, Sitamarhi, for the offence punishable under Sections- 147, 148, 149, 341, 323, 324, 307 and 308 of I.P.C.

Apprehending arrest, the petitioners filed A.B.P. No.264/2014 in the court of learned Sessions Judge, Sitamarhi. The learned Judge rejected the application through order dated 3.3.2014. Hence, this application for grant of anticipatory bail under Section438 of Cr.P.C. Heard learned counsel for the petitioners and learned A.P.P. for the State.

Patna High Court Cr.Misc. No.33084 of 2014 (2) dt.04-02-2015 2/2 It is stated that in the further investigation it was observed that Section-307 of I.P.C. cannot be applied. Added to that, three accused in the same crime have been granted anticipatory bail by this Court through order dated 23.6.2014 passed in Cr. Misc. No.15525/14. As such, the Court is convinced that the petitioners deserve to be granted anticipatory bail. The application is allowed. In the event of arrest, the petitioner is directed to be released on bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) each along with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi, in connection with Runni Saidpur P.S. Case No.195/2013, subject to the conditions laid down under Section-438(2) of Cr.P.C.

(L. Narasimha Reddy,CJ) K.C.jha/- U