Patna High CourtCR. MISC./68819/2018partly allowed disposal

Ginnilal Sah @ Ginnilal @ Genalal Sah And ORS v. The State Of Bihar

2018-12-18Mr. Justice Ashwani Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68819 of 2018 Arising Out of PS. Case No.-433 Year-2015 Thana- TURKAULIYA District- East Champaran ======================================================

1. Ginnilal Sah @ Ginnilal @ Genalal Sah, Son of Shiv Nandan Sah,

2. Rooplal Sah, Son of Ginnilal Sah @ Ginnilal @ Genalal Sah,

3. Kanti Kumari, Daughter of Ginnilal Sah @ Ginnilal @ Genalal Sah.

4. Gujurani Devi, Wife of Ginnilal Sah @ Ginnilal @ Genalal Sah,

5. Anjani Kumari, Daughter of Ginnilal Sah @ Ginnilal @ Genalal Sah, All residents of Village- Siswa, P.S.- Banjariya, DistrictEast Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Turkauliya (Banjariya) P.S.Case No. 433 of 2015 registered under Sections 147, 148, 149, 326, 323, 325, 379 and 504 of the Indian Penal Code.

Patna High Court Cr.Misc. No.68819 of 2018(2) dt.18-12-2018 2/3 It is contended by the learned counsel for the petitioners that all sections are bailable, except Sections 326, 325 and 379 of the Indian Penal Code. It is further contended that the allegation of theft is ornamental in nature and as far as petitioner nos. 2 to 5 are concerned they have not caused any injury which can be called to be grievous in nature. Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioners. Considering the allegation that it was petitioner no. 1, Ginnilal Sah, who is alleged to have assaulted informant, Savitri Devi by means of iron rod as a result of which her teeth were broken, I am not inclined to grant him pre-arrest bail. His application for grant of pre-arrest bail is rejected.

As far as the other petitioners, namely, Rooplal Sah, Kanti Kumari, Gujurani Devi and Anjani Kumari are concerned, since there is general and omnibus allegation against them, in the event of their arrest or surrender before the court below within six weeks from today, they are directed to be released on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.68819 of 2018(2) dt.18-12-2018 3/3 P.S.Case No. 433 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) kanchan/Suman.

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