Madhusudan Roy @ Masudan Roy And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5804 of 2015 Arising Out of PS.Case No. -75 Year- 2014 Thana -KAUAKOL District- NAWADA ======================================================
1. Madhusudan Roy @ Masudan Roy Son of Ram Chandra Roy
2. Ghutar Manjhi Son of Gajo Manjhi
3. Lakhan Manjhi Son of Faguni Manjhi
4. Upendra Manjhi Son of Sidheshwar Manjhi
5. Matlu Manjhi Son of Chitawan Manjhi
6. Girani Manjhi Son of Kawa Manjhi
7. Gulo Manjhi Son of Gajo Manjhi
8. Gorelal Manjhi Son of Chitawan Manjhi
9. Mithun Manjhi Son of Lakhan Manjhi All Resident of village - Pawapuri Gobraiya, P.S. Kawakole, District - Nawadah .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arjun Prasad, Advocate. For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-02-2015 Heard both sides.
The petitioners apprehend their arrest in Kawakole P.S. Case No. 75 of 2014, registered for the offences punishable under Section 307 and some other Sections of the Indian Penal Code. The informant named 13 persons in the FIR and alleged that all the accused persons assaulted him, Arun Yadav and Gandhari Yadav.
Learned counsel for the petitioners submits that from the side of the petitioners Kawakole P.S. Case No. 74 of 2014 was registered and the present case is counterblast. No specific
Patna High Court Cr.Misc. No.5804 of 2015 (2) dt.11-02-2015 2/2 allegation of assault is made against the petitioners. All the injuries found on the person of Arun Yadav are simple in nature. Gandhari Yadav got one injury on head which is opined to be grievous. The informant also got one injury, but the petitioners are not the author of the injuries.
Considering the facts aforesaid and the fact that there is case and counter case and no specific allegation of assault is made against the petitioners, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri S.K. Mishra, the learned Judicial Magistrate, 1st Class, Nawadah in connection with Kawakole P.S. Case No. 75 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) KKSINHA/- U T