Ramesh Prasad @ Ramesh Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34072 of 2018 Arising Out of PS.Case No. -3 Year- 2018 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ramesh Prasad @ Ramesh Sah, S/o Late Shivji Sah, R/o Vill Sariya Pipra, P.S. Govindganj, Dist.- E. Champaran.

2. Pawan Kumar, S/o Ajay Sah, R/o Vill. Nautan P.S. Sangrampur, Dist.- E. Champaran.

3. Satrudhan Prasad, S/o Jailal Prasad, R/o Vill Belwa Bijulpur, P.S. Turkawaliya, Dist. E. Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Binod Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-06-2018 Heard the learned counsel for the petitioners, the learned APP and the learned counsel for the informant. The petitioners apprehend their arrest in Sangrampur P.S. case No. 03/18 under Sections 341, 323, 379, 504/34 of the Indian Penal Code.

The informant alleged that on 25.12.2017 his brother in law called him but the accused persons assaulted him and snatched money.

Learned counsel for the petitioners submits that the petitioners are brother in law and nephew of the informant. The informant himself stated in the FIR that there is some dispute between him and his brother in law. The allegation of snatching money and motorcycle is absolutely false and concocted. The occurrence is said to have taken place on 25.12.2017 but the FIR

Patna High Court Cr.Misc. No.34072 of 2018 (2) dt.28-06-2018 2/2 was lodged on 10.01.2018 on the information given by the informant to the police.

The learned counsel for the informant submits that the delay has been explained on account of Panchaity. The informant himself stated that the petitioner no. 1 happens to be his brother in law and petitioner no. 2 and 3 are his nephew.

Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Sangrampur P.S. case No. 03/18, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T