Patna High CourtCR. MISC./14475/2016bail granted

Raj Kumar Pandey And ANR v. The State Of Bihar

2016-04-08Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.14475 of 2016 (2) dt.08-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14475 of 2016 Arising Out of PS.Case No. -186 Year- 2015 Thana -MAJORGANJ District- SITAMARHI ======================================================

1. Raj Kumar Pandey S/o Ram Ishwar Pandey,

2. Babu Saheb Pandey, S/o Ram Ishwar Pandey, resident of village- Marapa Sirpal, P.S.- Majorganj, District- Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 08.04.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners seek bail in a case registered under section 307 and other allied sections of the Indian Penal Code. Petitioner no.1 is said to have given one iron rod blow causing head injury to the informant and thereafter, petitioner no.2 is said to have given one axe blow causing head injury to the informant. It is stated that co- accused Dilip Jha gave iron rod blow causing injury on the hand of the informant.

Learned counsel for the petitioners drew my attention towards annexure 2, photostat copy of injury report of the informant, and submitted that two visible injuries were found on the person of the informant out of them one injury was found on head but the said injury was found simple in nature, though said to be caused by sharp

Patna High Court Cr.Misc. No.14475 of 2016 (2) dt.08-04-2016 cutting weapon and so far as second injury is concerned, same was found on right hand and it was grievous in nature. It is submitted that according to the prosecution case itself, second injury is attributed to co- accused Dilip Jha. Moreover, it appears that the alleged occurrence took place on account of land dispute. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Majorganj P.S. Case no. 186/2015. shahid (Hemant Kumar Srivastava,J) U T