Dinesh Sahu And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24571 of 2016 Arising Out of PS.Case No. -94 Year- 2016 Thana -BIRAUL District- DARBHANGA ======================================================

1. Dinesh Sahu, Son of Kirani Sahu

2. Kirani Sahu, Son of Kari Sahu

3. Ram Babu Sahu, son of Kirani Sahu

4. Dulari Devi, wife of Kirani Sahu All are residents of Village-Afzala Changwara, P.S. Biraul, District Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shyama Kant Singh For the Opposite Party/s : Mr. Sanjay Kr.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2016 Learned counsel for the petitioners states that petitioner No.2 Kirani Sahu, has been arrested during the pendency of this application and this application has become infructuous. Accordingly, this application on behalf of petitioner No.2 above-named stands dismissed as having become infructuous. This application for grant of anticipatory bail on behalf of petitioners No. 1, 3 and 4 arises out of Biraul P.S. Case no. 94 of 2016, disclosing offences under Sections 341 /323 /307 /354 /325 /379/447/504/506/34 of the Indian Penal Code. It appears from the First Information Report that land dispute between the petitioners and the informant is the main reason behind the occurrence which is alleged to have taken place

on 02.04.2016. For the same occurrence, two First Information Reports have been registered. A counter case has been filed by petitioner No.2, who has been arrested during the pendency of this application.

Learned counsel for the petitioners has submitted that no grievous injury on the side of the informant has been found. He has also submitted that considering the nature of dispute, there is no chance that the petitioners shall be fleeing from the course of investigation or trial.

Considering the above, this application on behalf of petitioner Nos. 1,3 and 4 is allowed. Let the petitioner Nos. 1,3 and 4 above-named, in the event of their arrest/surrender within four weeks from today in the Court below 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 the learned Additional Chief Judicial Magistrate, Biraul at Darbhanga in Biraul P.S. Case No. 94 of 2016 ( G.R. No. 238 of 2016), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner Nos. 1,3 and 4 above-named shall present themselves before the police/Court, as the case may be, as and when required and in the

event of failure on their part to appear before the Court on two consecutives occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U