Ganesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67944 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.

GANESH SAH Son of Late Satyanarayan Sah Resident of Village - Dharm Makariyar, Badali, P.S.- Siwan Muffasil (Dhanauti O.p.), Distt.- Siwan. 2.

Ram Babu Sah Son of Late Satyanarayan Sah Resident of Village - Dharm Makariyar, Badali, P.S.- Siwan Muffasil (Dhanauti O.p.), Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-10-2019 Petitioners seek bail in anticipation of their arrest in connection with Siwan Muffasil (Dhanauti O.P.) P.S. Case No. 98 of 2019, registered for the offences punishable under Sections 341, 323, 324, 307, 379, 387, 504, 506, 34 of the Indian Penal Code.

As per F.I.R. the petitioners demanded ransom rupees ten thousand from the informant. Further allegation is that petitioners assaulted the informant by means of knife and on refusal to fulfill the demand thereafter Gandasa and pistoal supplied by wives of the petitioners. Further allegation is that petitioner no. 1 fired by the pistol.

Submission of the learned counsel for the petitioners

Patna High Court CR. MISC. No.67944 of 2019(2) dt.24-10-2019 2/2 is that they are villager of the informant. They have been falsely implicated in this case and injuries sustained by the informant are simple in nature. Further submission is that falsity of the case transpires from the fact that first is alleged that he has been assaulted by knife thereafter it is stated that he has taken Gandasa and lastly by pistol, which does not appear probable. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application allowed. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Five Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Muffasil ( Dhanauti O.P.) P.S. Case No.-98 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the Court concerned.

(Vinod Kumar Sinha, J) T.Kr./- U T