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Patna High CourtCR. MISC./20913/2016bail granted

Milan Kapar And ANR v. The State Of Bihar

2016-07-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20913 of 2016 Arising Out of PS.Case No. -153 Year- 2015 Thana -KALYANPUR District- SAMASTIPUR ======================================================

1. Milan Kapar S/o Uma Kapar

2. Uma Kapar S/o Dhanraj Kapar Both are Resident of village - Phulhara, P.S. Kalyanpur, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar, Adv. For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-07-2016 Heard both sides.

The petitioners apprehend their arrest in Kalyanpur P.S. Case No. 153/15, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. The informant alleged that Uma Kapar petitioner no. 2 assaulted with Pharsa on his head and when his son came to save him Milan Kapar petitioner no. 1assaulted his son with iron rod on his head.

It is submitted that both the injured got simple injury. Occurrence took place due to land dispute.

Learned A.P.P. also did not dispute the fact that nature of injury found on the persons of injured is simple.

Patna High Court Cr.Misc. No.20913 of 2016 (3) dt.21-07-2016 2/2 Considering the facts aforesaid and the fact that both the injured got simple injury, the petitioners above-named, 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 bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Samastipur in connection with Kalyanpur P.S. Case No. 153/15, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T