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Patna High CourtCR. MISC./68531/2019partly allowed disposal

Chandan Sah v. The State Of Bihar

2020-03-05Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68531 of 2019 Arising Out of PS. Case No.-157 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== 1.

Chandan Sah Son of Sri Bhulai Sah Resident of Village - Jaitiya, P.S.- Chanpatia, District - West Champaran.

2.

Sanatan Sah Son of Sri Bachchu Sah Resident of Village - Jaitiya, P.S.- Chanpatia, District - West Champaran.

3.

Dev Sah Son of Sri Doma Sah Resident of Village - Jaitiya, P.S.- Chanpatia, District - West Champaran.

4.

Rajnet Sah @ Ranjeet Sah Son of Sri Dev Sah Resident of Village - Jaitiya, P.S.- Chanpatia, District - West Champaran.

5.

Bashist Sah Son of Sri Dev Sah Resident of Village - Jaitiya, P.S.- Chanpatia, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Chanpatia P.S. Case No. 157 of 2019 registered under Sections 341, 323, 325, 354B and 379/34 of the Indian Penal Code. At the outset, it is submitted by the learned counsel for the petitioners that the petitioner no. 1 Chandan Sah has already been arrested during pendency of the instant pre-arrest bail application.

Patna High Court CR. MISC. No.68531 of 2019(3) dt.05-03-2020 2/2 In that view of the matter, his application for grant of pre-arrest bail is disposed of as infructuous. Since there is specific allegation of causing grievous injuries to the informant Shankar Sah by the petitioner no. 3 Dev Sah with iron rod, his application for grant of pre-arrest bail is rejected.

So far as petitioners no. 2, 4 and 5, namely, Sanatan Sah, Rajnet Sah @ Ranjeet Sah and Bashist Sah, respectively, are concerned, since there is omnibus and general allegation against them, in the event of arrest or surrender before the court below, they are directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatia P.S. Case No. 157 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Ashwani Kumar Singh, J) rohit/- U T