Ramdeni Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36344 of 2018 Arising Out of PS.Case No. -511 Year- 2017 Thana -MAJORGANJ District- SITAMARHI ======================================================

1. Ramdeni Sah, son of Late Ramswaroop Sah

2. Mahesh Sah, son of Late Ramswaroop Sah

3. Harendra Sah, son of Vishwanath Sah

4. Rintu Sah @ Rintu Kumar, son of Vishwanath Sah

5. Baju Sah @ Baiju Sah, son of Late Bilashi Sah

6. Sudhir Sah, son of Late Bilashi Sah

7. Ramesh Sah, son of Late Bilashi Sah

8. Arjun Sah, son of Ramdeni Sah

9. Rajesh Sah, son of Ramdeni Sah

10. Pramod Sah, son of Late Bhujunga Sah

11. Surendra Sah son of Late Bhujunga Sah All resident of Village- Sirpa Marpal, P.S.- Mejarganj, District- Sitamarhi. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. N.K. Agrawal, Senior Advocate For the Opposite Party/s : Mr. Jitendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-07-2018 Heard Mr. N.K. Agrawal learned Senior Advocate for the petitioners and Mr. Jitendra Prasad Singh, learned Additional Public Prosecutor for the State.

The petitioners seek pre-arrest bail in connection with Mejarganj P.S. Case No. 511 of 2017 registered under Sections 147, 149, 341, 323, 325, 307 and 504 of the Indian Penal Code.

It is submitted by the learned Senior Advocate appearing for the petitioners that an omnibus and general

Patna High Court Cr.Misc. No.36344 of 2018 (2) dt.05-07-2018 allegation have been made against altogether fourteen persons to have assaulted the informant and others with lathi due to land dispute existing from before, but the injuries sustained by the injured persons would demonstrate that hardly one or two grievous injuries were found on the members of the prosecution party. He submitted that there is a counter version and on the basis of the written report submitted by petitioner no.1 Ramedeni Sah in Mejarganj P.S. Case No. 512 of 2017 dated 28.11.2017 was registered inter alia under section 308 of the Indian Penal Code against the informant of the instant case and his family members. There are injuries on several members of the petitioners' family also.

A simple case of altercation and free fight between the parties owing to land dispute without any intention from either side to have caused death of anyone has wrongly been instituted under Section 307 of the Indian Penal Code. He further submitted that apart from the section 307 of the Indian Penal Code all others sections are bailable in nature.

Patna High Court Cr.Misc. No.36344 of 2018 (2) dt.05-07-2018 petitioners would not fall within the purview of section 307 of the Indian Penal Code. He submitted that from the perusal of order passed by the learned Sessions Judge, it would appear that at least two injuries found on the persons of the members of the prosecution party were grievous injury.

Be that as it may, considering the facts and circumstances in totality, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Sitamarhi in connection with Mejarganj P.S. Case No. 511 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C (Ashwani Kumar Singh, J.) Sanjeet/- U T