Allowed

Dholan Sah v. The State of Bihar

Patna HC19 Sept 2019CR. MISC./59232/2019

Case brief

AI extract

What is this about?

The High Court granted provisional bail to eight petitioners falsely implicated in a land dispute case involving anticipated offences. The order fixes conditions for their release, including representation in court and verification of grievous injury by the lower court within four weeks.

What did the court decide?

Provisional bail granted subject to furnishing a bond of Rs.10,000 and compliance with specific conditions including representation during trial and verification by lower court.

Dholan Sah Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59232 of 2019

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Arising Out of PS. Case No.-130 Year-2018 Thana- MORKAHI District-

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Khagaria

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

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DHOLAN SAH S/o Late Radhe Sah R/o village- Sabalpur, P.S.- Morkahi, District- Khagaria

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Jhandu Sah S/o Dholan Sah R/o village- Sabalpur, P.S.- Morkahi, DistrictKhagaria

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Rajan Sah S/o Dholan Sah R/o village- Sabalpur, P.S.- Morkahi, DistrictKhagaria

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Raj Kumar Sah S/o Dholan Sah R/o village- Sabalpur, P.S.- Morkahi, District- Khagaria

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Achhay Sah S/o Dholan Sah R/o village- Sabalpur, P.S.- Morkahi, DistrictKhagaria

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Ramdulari Devi W/o Dholan Sah R/o village- Sabalpur, P.S.- Morkahi, District- Khagaria

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Komal Devi W/o Jhandu Sah R/o village- Sabalpur, P.S.- Morkahi, District- Khagaria

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Shanti Devi W/o Rajan Sah R/o village- Sabalpur, P.S.- Morkahi, DistrictKhagaria

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioner : Mr. Jai Kishor Poddar, Advocate. For the Opposite Party: Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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2 19-09-2019

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Heard learned counsel for the petitioners and learned

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APP for the State.

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The petitioners apprehend their arrest for the

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offences alleged under Sections 147, 149, 341, 323, 379, 504, 506, 307 of the Indian Penal Code registered in connection with Morkahi P.S. Case No. 130 of 2018.

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Patna High Court CR. MISC. No.59232 of 2019(2) dt.19-09-2019 2/3

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It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties who are gotiyas . There is accusation of assault with lathi, bhala, gadasa variously by the accused persons but in any event the injuries to the informant’s side are simple in nature. The petitioners claim clean antecedents.

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Be that as it may, in the event of the petitioners’ arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on provisional bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Khagaria in connection with Morkahi P.S. Case No. 130 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions -

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(i) That one of the bailors of each of the petitioners shall be their close relatives other than the petitioners herein.

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(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

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(iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State

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Patna High Court CR. MISC. No.59232 of 2019(2) dt.19-09-2019 3/3

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shall be at liberty to move for cancellation of bail.

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(iv) That the petitioner nos. 6, 7 and 8 shall be well represented in Court on each and every date during trial except as and when directed by the learned Court below to be physically present and petitioner nos. 1, 2, 3, 4 and 5 shall remain physically present, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

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The provisional bail granted to the petitioners shall be confirmed by the learned Court below upon verification within a further period of four weeks after furnishing bail bonds, that no grievous injury has been caused to the informant’s side. In case grievous injury is found, their bail bonds shall stand automatically cancelled.

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(Vikash Jain, J)

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Ibrar//-

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U T

Dholan Sah v. The State of Bihar

Case brief

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Dholan Sah v. The State of Bihar

Case brief

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