Patna High CourtCR. MISC./18499/2018bail granted

Vinod Sah And ORS v. The State Of Bihar

2018-04-06Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18499 of 2018 Arising Out of PS.Case No. -326 Year- 2017 Thana -BATHNAHA District- SITAMARHI ======================================================

1. Vinod Sah, S/o Late Ramdev Sah,

2. Deepak Kumar,

3. Raushan Kumar, Both Sons of Vinod Sah,

4. Indu Devi W/o Binod Sah, All are R/o Village- Jhitkahiya , P.S.- Bathnaha, District- Sitamarhi. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-04-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Bathnaha P.S. Case No. 326 of 2017 registered under Sections 341, 323, 379, 354, 504 and 506 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that the instant FIR has been instituted by the informant in retaliation to Bathnaha P.S. Case No. 322 of 2017 instituted on 28.10.2017 on the basis of the written report

Patna High Court Cr.Misc. No.18499 of 2018 (2) dt.06-04-2018 submitted by petitioner no.1 against the informant and others. It is further submitted that petitioner no.1 happens to be brother of the informant and on account of land dispute, the instant case has been instituted. It is also contended that no injury was caused to anyone and the offences under Sections 354 and 379 of the Indian Penal Code are super-addition.

Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioners. Considering the nature of allegation and the submissions made above as also the relationship of the petitioners with the informant, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Bathnaha P.S. Case No. 326 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T