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Patna High CourtCR. MISC./24429/2017bail granted

Ranjeet Sada And ORS v. The State Of Bihar

2017-08-25Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24429 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Ranjeet Sada, Son of Baleshwar Sada.

2. Lal Sah, Son of Baleshwar Sada.

3. Pinku Sada, Son of Baleshwar Sada.

4. Baleshwar Sada, Son of Late Dasai Sada. All Resident of VillageJamhara Tola, Nalto Mushahari, P.S.- Sour Bazar (Patarghat O.P.), DistrictSaharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sour Bazar P.S. (Patarghat O.P.) Case No. 75 of 2017, registered under Sections 147, 148, 149, 323, 380, 307 and 354(B) of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that, on 16.02.2017, at about 8 A.M., when the informant was at his house then three persons named in the F.I.R. along with 3-4 unknown persons including the petitioners came there making indiscriminate firing. At that time, on the order of petitioner no. 4 Baleshwar Sada, petitioner

no. 2 Lal Sah caused injury to him through iron rod. When Ranjan Devi came to save him then petitioner no. 3 Pinku Sada caused injury to her through arrow. Thereafter, petitioner no. 1 Ranjeet Sada caused injury to his daughter-in-law Chandrakala Devi through butt of the gun and petitioner no. 1 also took away the box containing Rs.37,000/- and cloths from the house of the informant.

Learned counsel for the petitioners submits that petitioners and the informant are neighbour and due to petty land dispute occurrence took place but with ulterior motive the present case has been lodged against the petitioners with false allegation. While it is alleged that informant, Ranjana Devi and Chandra Kala Devi sustained injuries but only one injury was found on the head of the informant, which is simple in nature as detailed in paragraph 30 of the case diary.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, in connection with Sour Bazar P.S. (Patarghat O.P.)

Case No. 75 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T