Vishwanath Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5330 of 2018 Arising Out of PS.Case No. -231 Year- 2017 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Vishwanath Sah,

2. Shankar Sah Both are Son of Late Saral Sah,

3. Gopal Sah S/o S/o Vishwanath Sah, null

4. Mohan Sah

5. Bihari Sah Both are S/o Shankar Sah, All are R/o Village- Englisiya, P.S.- Chautarwa, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithvi Nath Mishra For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-02-2018 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 Chautarwa PS case no. 231 of 2017 registered for the offences punishable under Sections 341, 323, 307, 504/34 of Indian Penal Code.

The case of the prosecution is that when the informant was engaged in work in her house, the accused persons had assaulted her daughter and when she came there to save her daughter, she was also assaulted resulting in both of them suffering injuries.

The learned counsel for the petitioners submits that the main allegation is against one Jitendra Sah who is already in

Patna High Court Cr.Misc. No.5330 of 2018 (3) dt.20-02-2018 2/2 custody and as far as the other accused persons are concerned i.e. the petitioners herein, there is no specific allegation of any overt act as against them. It is further submitted that the said Jitendra Sah has already been granted regular bail. It is further submitted that the petitioners have clean antecedent.

Having regards to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, 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, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha (West Champaran) in connection with Chautarwa PS case no. 231 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T