Ramnath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76325 of 2019 Arising Out of PS. Case No.-233 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== 1.

Ramnath Sah Son of Devki Sah 2.

Chanar Sah Son of Raghunath Sah 3.

Banarsi Sah Son of Brichha Sah 4.

Guddu Sah Son of Khajanti Sah All resident of Village - Lala Tola Garbhua, P.S.- Sirsiya O.P. Chanpatiya, District.- West Champaran.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-12-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. At the very outset, learned counsel for the petitioners submits that during the pendency of the present application, Banarsi Sah petitioner no. 3 was arrested and as such, his application has become infructuous.

The application on behalf of petitioner no. 3 Banarsi Sah is rejected.

So far as petitioner nos. 1, 2 and 4, namely, Ramnath Sah, Chanar Sah and Guddu Sah, are concerned, they are apprehending arrest in connection with Chanpatiya (Sirsiya) P.S.

Patna High Court CR. MISC. No.76325 of 2019(2) dt.16-12-2019 2/2 Case No. 233 of 2019 for offences under Sections 147, 148, 323, 307 and 504 of the Indian Penal Code.

Learned counsel on behalf of the petitioner nos. 1, 2 and 4 submits that the petitioners have no criminal antecedent and no specific overt has been alleged against these petitioners. Considering the fact that there is case and counter case; the petitioners having no criminal antecedents and there is no allegation of any overt act against them, this Court is inclined to grant bail to them. Let petitioner nos. 1, 2 and 4, abovenamed, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatiya (Sirsiya) P.S. Case No. 233 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) BT/- U T