Kumar Lal Deo And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30011 of 2014 Arising Out of PS.Case No. -86 Year- 2014 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================

1. Kumar Lal Deo, Son of Late Nandi Lal Deo,

2. Shyam Kumar Deo, Son of Hira Lal Deo Both are Residents of VillagePohaddi Bela, Police Station-Ghanshyampur, District-Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Prasad, Adv. For the Opposite Party/s : Mr. Anuj Kr. Srivastav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners, apprehending their arrest in connection with Bangoan P.S. Case No. 4 of 2014, corresponding to G.R. No. 221 of 2014 registered for the offences punishable under Sections 143, 323 and 353 of the Indian Penal Code, seek the privilege of pre-arrest bail.

It is submitted that due to land dispute some altercation took place resulting to institutions of the present case. Against the petitioners, there is an allegation with an intention to kill the son of the informant, assaulted with Farsa and iron rod resulting bleeding and further, the petitioner no. 1 assaulted with lathi on his

Patna High Court Cr.Misc. No.30011 of 2014 (2) dt.16-01-2015 arm and leg.

Submission is that all the three injuries found on the person of the son of the informant, are simple in nature. The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that the injury has been found on head. Considering the submissions urged at the bar, going through Annexure-3, which is the injury report and the noticing that nature of injuries is simple caused by hard and blunt substance and as such the petitioners in case of their arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bonds 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, Biraul at Benipur, District Darbhanga in connection with Ghanshyampur P.S. Case No. 86 of 2014/G.R. No. 405 of 2014, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Jitendra Mohan Sharma, J.) Vats/- U T