Appu Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.246 of 2019 Arising Out of PS. Case No.-101 Year-2017 Thana- LAURIA District- West Champaran ======================================================
1. Appu Sah Son of Baidyanath Sah
2. Pappu Sah Son of Baidyanath Sah
3. Vishal Sah Son of Bajrangi Sah All are Resident of Village - Gobraura, P.S.- Lauriya, District - West Champaran at Bettiah ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra For the Opposite Party/s :
Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with Lauriya P.S. Case No. 101 of 2017, Tr. No. 769 of 2018 and 957 of 2017 registered for offences under sections 341, 323, 353, 500, 504, 506/34 of the Indian Penal Code.
As per allegation made in the First Information Report, the Informant was an advocate of the plaintiff and one Manoj Kumar Tiwari was made Advocate Commissioner for submitting a report about the status of the disputed portion of the land. When the Informant had gone there then, suddenly, the petitioners and their associates started fighting with each other. An allegation has been made that the mobile of the
Patna High Court Cr.Misc. No.246 of 2019(2) dt.11-01-2019 2/2 Informant was taken away by the petitioners.
The police submitted the charge-sheet and found that no case of Section 379 of the I.P.C. is made out against the petitioners.
Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st Bettiah, West Champaran in connection with Lauriya P.S. Case No. 101 of 2017, Tr. No. 769 of 2018 and 957 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled. (Shivaji Pandey, J) rishi/- U T