High Court Patna High Court - Orders

Chandar Sah & Ors. vs The State Of Bihar on 5 August, 2011

Patna High Court – Orders
Chandar Sah & Ors. vs The State Of Bihar on 5 August, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.19957 of 2011

            1.Chandar Sah, Son of Late Pairu Sah.
            2.Gobind Sah, Son of Late Pairu Sah.
            3.Gajanan Kora, Son of Raja Ram Kora.
            4.Sukumar Kora, Son of Gajanan Kora.
            5.Balemas Kora @ Baliyas Kora, Son of Mahabir Kora.
            6.Shankar Kora, Son of Bichari Kora.
            7.Hana Kora, Son of Bichari Kora.
            8.Manoj Kora, Son of Ramlal Kora.
            9.Mangra Kora, Son of Ramlal Kora.
            10.Mangla Kora, Son of Ramlal Kora.
            11. Bichari Kora, Son of Late Firangi Kora.
            All are resident of Village Oksatal, P.S. Amdabad, District Katihar.
                                                                             ---------- Petitioners
                                           Versus
            The State Of Bihar
                                                                          -------- Opposite Party
                                          -----------

04/- 05/08/2011 Heard learned counsel for the petitioners and learned

Additional Public Prosecutor for the State.

Supplementary affidavit has been filed on behalf of the

petitioners annexing papers relating to Amdabad P.S. Case No. 84 of

2010 and Amdabad P.S. Case No. 12 of 2011.

All the eleven petitioners apprehending their arrest in

connection with Amdabad P.S. Case No. 13 of 2011 for the offences

punishable under Sections 147, 148, 149, 447, 323, 324, 326, 307 and

406 of the Indian Penal Code, pending in the court of Chief Judicial

Magistrate, Katihar are named accused in this instant case where the

dispute relates to transfer of a piece of land. Though some members

of the prosecution side have been injured, but there is no specific

allegation against either of the petitioners and the injuries are general

and simple in nature.

Considering the facts and circumstances of the case, in
2

the event of their arrest/surrender before the court below within four

weeks, let the above named petitioners be enlarged on bail on

furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two

sureties of the like amount each to the satisfaction of Chief Judicial

Magistrate, Katihar, in connection with Amdabad P.S. Case No. 13 of

2011, subject to condition laid down under Section 438(2) of the

Criminal Procedure Code with additional condition to remain

physically present before the court below on each and every date at

least for two years of till disposal of the case, whichever is earlier, in

case of failure on two consecutive dates, without giving any

reasonable explanation, the liberty granted shall be deemed to be

cancelled.

Praveen/-                             ( Akhilesh Chandra, J.)