Partly allowed

Bhola Sah @ Ram Sushil Sah and Ors. v. The State Of Bihar

Patna HC25 Jan 2019CR. MISC./73303/2018

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in a criminal case involving offences under sections 147, 148, 307 and others. The court granted bail to petitioners 2 and 3 but refused it to petitioner 1, directing him to surrender for regular bail due to specific allegations of grievous injury against him.

What did the court decide?

Bail granted to petitioners 2 and 3 on furnishing bonds; petitioner 1 directed to surrender for regular bail.

Bhola Sah @ Ram Sushil Sah and Ors. 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.73303 of 2018

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Arising Out of PS. Case No.-143 Year-2018 Thana- RANIGANJ District- Araria

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

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1. Bhola Sah @ Ram Sushil Sah, S/o Late Ramasray Sah.

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Jitendra Sah, S/o Late Ramasray Sah

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Suraj Sah, S/o Modo Sah, All Residents of Village-Hasanpur, Ward No.8, P.S. Raniganj, Disrict-Araria.

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... ... Petitioners

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Versus The State Of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Gopal Kumar Jha For the Opposite Party/s : Mr.Rajendra Nath Jha For the Informant : Mr. Shiv Shankar Sah ======================================================

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... ... Opposite Party

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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3 25-01-2019

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Petitioners apprehend their arrest in connection with Raniganj P.S. Case No. 143 of 2018 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

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Allegation against petitioner No.1 is that he has taken the informant along with him and thereafter he and other accused persons assaulted him and also snatched money from him. There is specific allegation against petitioner No.1 that he assaulted by rod.

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Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and there is no allegation of assault against petitioner Nos. 2 and 3.

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Patna High Court Cr.Misc. No.73303 of 2018(3) dt.25-01-2019 2/3

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Heard learned APP and learned counsel for the informant. They have opposed the prayer for anticipatory bail of the petitioners on the ground that injury was found to be grievous on the person of informant and, that too, on the head.

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Having heard both sides and in the facts and circumstances, let petitioner Nos. 2 and 3, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Raniganj P.S. Case No. 143 of 2018, G.R.No. 1523 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioners shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

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So far petitioner No.1 is concerned, in the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to him. He should surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

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Patna High Court Cr.Misc. No.73303 of 2018(3) dt.25-01-2019 3/3

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With the above observation, this application is

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disposed of.

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(Vinod Kumar Sinha, J)

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spal/-

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U T

Bhola Sah @ Ram Sushil Sah and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Bhola Sah @ Ram Sushil Sah and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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