Firoz Dewan And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2295 of 2015 Arising Out of PS.Case No. -104 Year- 2013 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Firoz Dewan
2. Afroz Dewan Both sons of Mokim Dewan Both are residents of villageWelaspur,P.S-Ramgadhwa,Distt.-East Champaran .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Ranjeet Kumar Singh, Advocate.
For the Opposite Party : Mr. Pradip Nr.Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-04-2015 Heard both sides.
The petitioners seek bail in Ramgadhwa P.S. Case No. 104 of 2013, registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code. The petitioner Firoz Dewan is alleged to have assaulted Khurshid Dewan and his fingers was cut and Afroz Dewan is alleged to have assaulted Saifullah the informant with sword on his head. But from perusal of the injury report as mentioned in para - 19 and 20 of the case diary Saifullah got one incised wound on the middle of occipital region.
Learned counsel for the petitioners submits that the injury is opined to be simple in nature and the second injury is
Patna High Court Cr.Misc. No.2295 of 2015 (4) dt.28-04-2015 2/2 fracture of Alna which is not attributed to the petitioner. Khurshid Dewan got grievous injuries on little and index finger. The petitioners are in jail since 09.01.2014. The petitioners have remained in jail for one year and about four months. Considering the facts aforesaid, the petitioners above named are directed to be enlarged 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 the Learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Ramgadhwa P.S. Case No. 104 of 2013. (Prabhat Kumar Jha, J.) KKSINHA/- U T