Satya Narayan Prasad @ Satya Narayan Sah @ Satya Narayan Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77130 of 2019 Arising Out of PS. Case No.-239 Year-2018 Thana- BRAHMPUR District- Buxar ====================================================== 1.
Satya Narayan Prasad @ Satya Narayan Sah @ Satya Narayan Sahu, son of Late Raghunath Sah, Resident of Village - Ghurhupur, P.S.- Brahmpur, Distt - Buxar.
2.
Umesh Kumar Gupta @ Umesh Sah, son of Satya Narayan Prasad @ Satya Narayan Sah @ Satya Narayan Sahu, Resident of Village - Ghurhupur, P.S.- Brahmpur, Distt - Buxar.
3.
Santosh Kumar Prasad @ Santosh Sah, son of Satya Narayan Prasad @ Satya Narayn Sah @ Satya Narayan Sahu, Resident of Village - Ghurhupur, P.S.- Brahmpur, Distt - Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Choubey, Advocate For the Opposite Party/s :
Mr. Anita Kumari Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-02-2020 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have filed the instant application for grant of anticipatory bail apprehending their arrest in a case registered for the offence under sections 447, 341, 323, 354B, 504, 506 and 34 of the Indian Penal Code.
As per the allegation in the F.I.R, seven named accused persons including the three petitioners herein are alleged to have abused, assaulted and misbehaved with the informant and members of her family over a dispute with respect to some construction over the land of the informant.
It is submitted by learned counsel for the petitioners that the allegations as levelled in the F.I.R. are false and concocted
Patna High Court CR. MISC. No.77130 of 2019(2) dt.17-02-2020 2/2 which is substantiated from the fact that on investigation the three petitioners herein, were not sent up for trial. It is submitted by learned Additional P.P for the State that although final form was submitted against the three petitioners, however, the learned Court below differing with the police report has taken cognizance against them.
Having heard learned counsel for the parties and taking into consideration the allegation together with the fact that final form was submitted against the three petitioners who have no criminal antecedent, the Court is inclined to enlarge the petitioners on bail. The petitioners above named, in the event of their arrest or surrender in the Court below within a period of six weeks from today in connection with Brahmpur P.S. Case no. 239 of 2018 are directed to be enlarged on bail on each of them furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar, subject to the conditions as laid down in section 438 (2) of Criminal Procedure Code.
(Partha Sarthy, J) Prakash/- U T