Shivshankar Sah @ Shivji Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60386 of 2018 Arising Out of PS. Case No.-113 Year-2018 Thana- PIRO District- Bhojpur ======================================================

1. Shivshankar Sah @ Shivji Sah son of Late Jaga Sah

2. Uma Shankar Sah son of Late Jaga Sah

3. Chokhalal Sah @ Jaishankar Sah son of Late Jaga Sah

4. Ananat Sah son of Late Jaga Sah

5. Jitendra Sah son of Shivjee Sah

6. Sonu Sah son of Shivjee Sah

7. Chhotu Sah @ Chhotu Kumar son of Shivjee Sah All are resident of village-Chilbiliya, P.S.-Piro, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek pre-arrest bail in connection with Piro P.S. Case No.113 of 2018 registered under Sections 149, 147, 341, 323, 308, 504 and 506 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that from perusal of the first information report it would be evident that the petitioners are agnates of the informant and there was land dispute existing from before. It is further contended that from perusal of the case dairy it would further be manifest that that the injuries sustained by the

Patna High Court Cr.Misc. No.60386 of 2018(3) dt.11-12-2018 2/2 members of the prosecution party were all simple and superficial in nature.

On the other hand, learned counsel for the State submitted that there is allegation against the petitioners that they all participated in attack upon the informant and his family members. However, he admitted that there was enmity between the parties and the injuries were all simple in nature. Considering that save and except Section 308 of the Indian Penal Code all other Sections are bailable in nature and the injuries sustained by the members of the prosecution party are simple in nature, in the event of arrest or surrender before the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1, Ara, Bhojpur in connection with Piro P.S. Case No.113 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md. S/- U T