Vijay Mahto And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1252 of 2016 ======================================================

1. Vijay Mahto Son of Deoki Mahto

2. Ranju Devi wife of Vijay Mahto

3. Nitish Kumar son of Vijay mahto

4. Kusuma Devi @ kusami Devi Wife of Deoki Matho All Resident of Village-Maheshpur, Police Station -Piri Bazar, District Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabi Bhushan, Advocate For the Opposite Party/s : Mr. Pradip Narayan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2016 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code. It is alleged that accused persons including the petitioners caught hold the informant and assaulted on his head with spade.

It is submitted by the learned counsel for the petitioners that petitioners are the agnate of the informant and in the background of land dispute accusation has been levelled. The injury report reflects two lacerated wound, simple in nature, caused by hard and blunt substance, whereas

Patna High Court Cr.Misc. No.1252 of 2016 (2) dt.11-01-2016 accusation of causing injury is with spade. Accusation of assault is not specific against petitioners. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Lakhisarai in connection with Piri Bazar P.S. Case No. 59 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T