Daya Shankar Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62426 of 2018 Arising Out of PS. Case No.-402 Year-2017 Thana- GHORASAHAN District- East Champaran ======================================================
1. Daya Shankar Sah Son of Rameshwar Sah
2. Mantu Sah@ Mantu Kumar@ Sah son of Daya Shankar Sah
3. Prince Kumar Son of Daya Shankar Sah All are Resident of Village- Dhun Nagar, P.S. Ghorasahan,District- East Champaran.;
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh For the Opposite Party/s :
Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.
Allegation is that the accused persons including the petitioners assaulted the informant by farsa, garasi, axe, iron rod, due to which the informant sustained injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the
Patna High Court Cr.Misc. No.62426 of 2018(3) dt.29-10-2018 2/2 present case. It is a case and counter case between the parties. The nature of injury is said to be simple, which is evident from the order of the Sessions Court itself. Hence, no offence under Section 307 of the I.P.C. is made out. Rest of the offences are triable by the Magistrate.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dhaka, East Champaran, Motihari in connection with Ghorasahan P.S. case No.402 of 2017, G.R. No.1034 of 2017 and Trial No.2653 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T