Upendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74856 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- ANDHRAMATH District- Madhubani ====================================================== 1.
Upendra Sah Son of Ram Bahadur Sah Resident of Village- Badhua, P.S.- Andheramath, District- Madhubani.
2.
Jitendra Sah Son of Ram Bahadur Sah Resident of Village- Badhua, P.S.- Andheramath, District- Madhubani.
... ... Petitioners.
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shankar Kumar Thakur For the Opposite Party/s :
Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-12-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in a case registered for the offences punishable under Sections 147, 148, 149, 302, 307, 427 and 504 of the Indian Penal Code read with Section 27 of the Arms Act.
14 named accused persons including the petitioners and five unknown miscreants are said to have descended at the field of the informant armed with weapon and started dismantling his house meant for keeping the bonfire slating him and on protest made by the informant on the exhortation of Birju Sah, they started resorting firing.
Patna High Court CR. MISC. No.74856 of 2019(3) dt.18-12-2019 2/3 They also arrived at his door giving him chase. When his uncle, namely, Deo Krishna Mandal rushed in his rescue Sundar Lal Sah resorted firing upon him by means of pistol while Ravinder Sah resorted firing upon his brother Ganga Ram Mandal by means of gun. Uncle of the informant succumbed to injury.
It is submitted by learned counsel for the petitioners that petitioners have no concern with the aforesaid occurrence. They have been falsely implicated in this case due to property dispute and to mount pressure upon them to devour their property. They neither happen to be assailant nor order giver. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. They are simply the members of the mob. They have no criminal antecedent and have been languishing in custody since 30.05.2019.
Learned APP for the State opposed the bail petition.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to
Patna High Court CR. MISC. No.74856 of 2019(3) dt.18-12-2019 3/3 the satisfaction of the Additional Chief Judicial Magistrate-I, Madhubani in connection with Andheramath P.S. Case No. 84 of 2019.
(Prakash Chandra Jaiswal, J) Trivedi/- U T