The Patna High Court allowed an application for anticipatory bail for six petitioners facing charges of assault, arson, and forgery arising from a property dispute, subject to conditions of appearance and sureties.
Release on bail with bonds of Rs. 10,000/- each and two sureties of like amount, subject to appearance conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40462 of 2016
Arising Out of PS.Case No. -337 Year- 2015 Thana -SAUR BAZAR District- SAHARSA ====================================================== 1. Arun Sah Son of Jhakas Sah. 2. Bilas Sah Son of Jhakas Sah. 3. Ashok Sah Son of Jhakas Sah. 4. Naresh Sah Son of Nunulal Sah. 5. Kari Sah Son of Late Harilal Sah. 6. Gajendra Sah, Son of Late Sukho Sah. All are resident of VillageKachra, Police Station- Saur Bazar and District- Saharsa. .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Girish Chandra Jha, Advocate Mr. Kumar Goutam, Advocate For the Informant : Mr. Anant Kumar, Advocate For the Opposite Party/s : Mr. Sri Nand Kishore Pd, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
2 22-09-2016 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Saur Bazar P.S. Case No. 337 of 2015, disclosing offences under Sections 147, 149, 341, 323, 324, 448, 379, 386, 436, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
From the First Information Report, it appears that admittedly there is property dispute between the petitioners of the one side and the informant on the other. Petitioner No. 1 is said to have assaulted the informant and accused Ravindar Sah is said to
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have set the informant’s son on fire after petitioner No. 1 had sprinkled K.oil on the hut.
Learned counsel appearing on behalf of the informant is vehemently opposed the prayer for bail.
Considering he fact that there is admittedly property dispute between the parties, this application is allowed.
Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saur Bazar P.S. Case No. 337 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J)
Vats/U T
1 issue framed by the court
Whether anticipatory bail should be granted in a case involving a property dispute arising from assault and arson allegations.
1 provisions across 1 enactments
Arun Sah
Bilas Sah
Ashok Sah
Naresh Sah
Kari Sah
Gajendra Sah
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
