Sudama Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47813 of 2018 Arising Out of PS.Case No. -135 Year- 2016 Thana -CHAKAI District- JAMUI ======================================================
1. Sudama Sah, S/o Shakti Sah,
2. Damodar Sah, S/o Shakti Sah,
3. Bhairo Sah S/o Shakti Sah, All R/o Vill.- Noida, P.S.- Chakai, DistrictJamui. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Girish Chandra Jha, Advocate For the Opposite Party/s : Mr. Atul Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-08-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Chakai P.S. Case No. 135 of 2016, registered for offences punishable under Sections 364, 120 (B), 302 and 201/34 of the Indian Penal Code.
As per F.I.R., allegation against the petitioners is that the father of the informant has gone with co-accused persons, Gulbi Devi and Kajal Devi and thereafter, he is traceless. Submission of the learned counsel for the petitioners is that the petitioners have been implicated in this case only on the basis of suspicion and there is delay of lodging the F.I.R. It is further submitted that there is land dispute between the parties and
Patna High Court Cr.Misc. No.47813 of 2018 (2) dt.20-08-2018 2/2 other co-accused persons have been granted privilege of anticipatory bail vide order dated 02.11.2017 passed in Cr. Misc . No. 28861 of 2017.
Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 3rd Jamui in connection with Chakai P.S.Case No. 135 of 2016, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(Vinod Kumar Sinha, J) Sudha/- U T