Ramnath Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21302 of 2018 Arising Out of PS.Case No. -59 Year- 2018 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Ramnath Sah, son of Kanhaiya Sah

2. Saraswati Devi, wife of Ramnath Sah

3. Deepak Kumar @ Deepak Sah, son of Ramnath Sah,

4. Vikash Sah, son of Ramnath Sah, All Residents of Village- Gansadih, Jaipur, P.S. Sasaram, District- Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-05-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section-307 & other minor Sections of the Indian Penal Code.

Allegation against the petitioner, namely, Ram Nath Sah is that he assaulted with Lathi, causing injury at the head of Gulab Prajapati. At the same time, the petitioner Vikash Sah assaulted with sword causing injury at the head of Gulab Prajapati. Submission is that the doctor has found single injury on the head of Gulab Prajapati, caused by hard and blunt substance,

Patna High Court Cr.Misc. No.21302 of 2018 (3) dt.31-05-2018 simple in nature, which belies the prosecution allegation. There is no such allegation against the other petitioners. There is a case and counter case.

Considering the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of the Court below where the case is pending in connection with Sasaram (Mufasil) P.S. Case No. 59 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which, the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) A.K.V./- U T