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Ghanshyam Sah and Anr. v. The State Of Bihar

Patna HC7 Dec 2018CR. MISC./64371/2018

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What is this about?

The Patna High Court granted anticipatory bail to petitioner Ghanshyam Sah and Domni Devi in a simple case arising from a family dispute over partition, directing release upon arrest/surrender within four weeks under bail conditions as per Section 438(2) Cr.P.C.

What did the court decide?

Petitioners directed to be released on bail upon arrest/surrender within four weeks by furnishing Rs.10,000 each bond with two sureties of same amount, subject to SCM satisfaction under Section 438(2)

Ghanshyam Sah and Anr. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.64371 of 2018

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Arising Out of PS. Case No.-595 Year-2018 Thana- SAHARSA District- Saharsa

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======================================================

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Ghanshyam Sah S/o Late Lal Mohar Sah,

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Domni Devi W/o-Ghanshyam Sah. All Resident of Vill-Amarpur, P.s.-Sonbarsha Kachahari, DisttSharsa.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Kumar Giri For the Opposite Party/s : Mr. Sri Ramchandra Singh ======================================================

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... ... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER

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2 07-12-2018

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Heard learned counsel for the petitioners as well as

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learned Additional Public Prosecutor.

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Both the parties are full brothers and a dispute arose over partition whereupon both the parties quarrelled, case and counter case has been instituted at both ends. So far petitioner no.1 Ghanshyam Sah is concerned, there happens to be no specific allegation while petitioner no.2 carries an allegation to have assaulted Manisha Kumari over his head by bamboo, simple in nature.

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Accordingly, petitioners Ghanshyam Sah, Domni Devi are directed to be released on bail in the event of his arrest /surrender before the learned lower court within four weeks on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each, to the

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Patna High Court Cr.Misc. No.64371 of 2018(2) dt.07-12-2018 2/2

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satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar (Sonbarsha Kachahari) P.S. Case No. 595/2018 in terms of condition as laid down under Section 438(2) Cr.P.C.

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The order impugned will be guided by the final adjudication of Sushila Aggarwal & Ors. vs. State (NCT of Delhi) & Anr. referred to constitution bench as reported in (2018) 7 SCC 731.

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(Aditya Kumar Trivedi, J.)

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Prakash Narayan U T

Ghanshyam Sah and Anr. v. The State Of Bihar

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Ghanshyam Sah and Anr. v. The State Of Bihar

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