Patna High CourtCR. MISC./37404/2017bail granted

Pradeep Sah And ANR v. The State Of Bihar

2017-08-21Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37404 of 2017 Arising Out of PS.Case No. -156 Year- 2016 Thana -BANMANKHI District- PURNIA ======================================================

1. Pradeep Sah, son of late Banarsi Sah

2. Mukesh Sah, son of late Banarsi Sah, both resident of village-Pipara, P.S.-Banmankhi, District-Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Anand, Advocate For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 21-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The Petitioners seek bail in Banmankhi P.S. Case No.156 of 2016 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 325, 307, 379 Indian Penal Code. It has been submitted on behalf of the petitioners that there is no specific allegation against the petitioners of committing assault.

Case diary has been received.

Learned APP has submitted that in para 5 of the case diary witness has taken name of these petitioners making allegation that father of the informant was assaulted at the Kamat by these petitioners and other accused persons.

Patna High Court Cr.Misc. No.37404 of 2017 (3) dt.21-08-2017 2/2 Injury Reports are available in the case dairy. One of the injury on the person of father of the informant and one injury on the person of the informant was found to be grievous in nature. Counsel for the petitioner has submitted that the instant case is counter blast of Banmankhi P.S. Case No.157 of 2016, which was lodged by the petitioner No.1 against the informant and others for the offence under Section(s) 341, 323, 354, 506, 147 and 149 Indian Penal Code. It has further been submitted that the petitioners are in custody since 04.07.2017. In the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed.

Let the Petitioners, above named, be released on bail on furnishing bail bond of `10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, 6th, Purnea, in connection with Banmankhi P.S. Case No.156 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioners.