Patna High CourtCR. MISC./13620/2018bail granted

Chandan Sah And ORS v. The State Of Bihar

2018-04-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13620 of 2018 Arising Out of PS.Case No. -261 Year- 2015 Thana -ARARIA District- ARRARIA ======================================================

1. Chandan Sah, S/o Parmanand Sah,

2. Vijay Sah @ Vijay Kumar Sah, S/o Parmanand Sah,

3. Prabha Devi, W/o Parmanand Sah, All resident of Village- RampurMohanpur, P.S.- Araria- Bairgachhi, Present address- Araria Idgah Tola, Ward No.10, P.S.+District- Araria.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Araria (Bairgachhi) P.S.Case No. 261 of 2015 registered for the offences punishable under Sections 147, 448, 341, 342, 323, 324, 384, 379, 427 and 354 of the Indian Penal Code. Allegation against the petitioners is of entering inside the house of the informant and committing theft.

Submission of learned counsel for the petitioners is that no offence is made out under Sections 379, 384 and 354 IPC against the petitioners as there is no allegation as such and there is enmity between the parties from before and injuries are simple in nature.

Patna High Court Cr.Misc. No.13620 of 2018 (2) dt.09-04-2018 2/2 Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Araria (Bairgachhi) P.S.Case No. 261 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U