Patna High Court - Orders
Mahesh Sah vs The State Of Bihar on 6 August, 2019
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49023 of 2019
Arising Out of PS. Case No.-257 Year-2017 Thana- BARAULI District- Gopalganj
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Mahesh Sah, Son of Sri Nagendra Sah, Resident of Village - Madhopur, P.S.-
Barauli (Madhopur O.P.), District - Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Umesh Tiwari
For the Opposite Party/s : Mr.Ram Bilash Roy Raman
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
2 06-08-2019Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Barauli (Madhopur O.P.) P.S. Case No. 257 of 2017, registered under Sections 147, 148, 149, 447, 323, 385, 379, 504 and 506 of the Indian Penal Code.
The accusation is that six persons named in the F.I.R. including the petitioner came near the door of the informant, Ramashish Singh, and started to abuse him and made demand of ransom. When the informant made protest then Md. Jalaluddin fired upon him through gun, who anyhow saved himself. At that time, Bikash Sah and Nagendra Sah also shot fire at the informant then informant entered in his house. Patna High Court CR. MISC. No.49023 of 2019(2) dt.06-08-2019 2/2 Thereafter, all entered in his house and caused injury to him and took a box containing ornaments, cloths and utensils worth of Rs.1,00,000/-.
Learned counsel for the petitioner submits that, in fact, there is dispute in between the villagers regarding the land of Math due to that reason, the present case has been lodged with false allegation. Further submission is that while the petitioner is named in the F.I.R. but no specific overt act has been attributed against him.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XIV, Gopalganj, in connection with Barauli (Madhopur O.P.) P.S. Case No. 257 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/-
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