IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.4535 of 2011
1. DINESH SAH son of Sangyan Sah,@ Sagyan Sah
2. Arjun Sah Son of Sangyan Sah, @ Sagyan Sah
.3. Sangyan Sah @ Sagyan Sah son of Late Jagat Sah.
Versus
THE STATE OF BIHAR
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2. 22.02.2011 The petitioners are in custody since December 2010 in
relation to Sour Bazar( Patarghat O.P.) P. S. Case No. 338/2009
instituted under Section 307 and other Sections of the Indian
Penal Code read with Prevention of Atrocities Towards
Scheduled Castes/ Scheduled Tribes Act.
It is alleged that the petitioners variously armed,
attacked the prosecution party in the village while they were
working in the agricultural field. The prosecution party was
injured and taken to hospital. One Arjun Sah’s statement is
recorded and later forwarded to the Police Station for instituting
the formal case. Learned counsel for the petitioners submits that
the occurrence clearly shows that there was no intention to kill
and as such Section 307 of the I.P.C is not applicable. There is
previous enmity with regard to the land in question. It is pointed
out that Amrendra Sah and Arjun Sah, who are also named, have
already been released on bail in Cr. Misc. 40130/2010 by order
dated 8.11.2010.
Considering the aforesaid, let above named petitioners
be released on bail on furnishing bail bond of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Saharsa, in
2
Sour Bazae ( patarghat O.P.) P.S.Case No. 338/2009 ( G.R. No
2191/2009).
Namita ( Navaniti Prasad Singh, J.)