Prabhu Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2500 of 2018 Arising Out of PS.Case No. -71 Year- 2017 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Prabhu Sah, Son of Asharfi Sah.
2. Marachhia Devi, Wife of Prabhu Sah.
3. Shatrughan Kumar, Son of Prabhu Sah, All resident of VillageMahamadpur Majhaulia, Police Station- Rajepur, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamlesh Kumar Pathak For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Rajepur P.S. Case No. 71 of 2017 registered for the offence punishable under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.
The allegation is regarding the accused persons assaulting the informant resulting in him sustaining injury. The learned counsel for the petitioners submits that the allegation whatsoever is only against the co-accused, namely, Dinesh Sah, who is said to have assaulted the informant by means of Hasuli resulting in injury to the informant, however, as far as
Patna High Court Cr.Misc. No.2500 of 2018 (2) dt.24-01-2018 2/2 the petitioners herein are concerned, there is general and omnibus allegation of assault and no specific role has been assigned to them with regard to any type of overt act. It is further submitted that the petitioners have a clean antecedent.
Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Rajepur P.S. Case No. 71 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) ajay gupta/- U T