Kishor Sardar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30539 of 2015 Arising Out of PS.Case No. -206 Year- 2014 Thana -KUMARGHAND District- MADHEPURA ======================================================
1. Kishor Sardar
2. Ganesh Sardar
3. Kari Sardar
4. Chutuklal Sardar
5. Rabindra Sardar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mrs. Veena Kri.Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-07-2015 Heard both sides.
The petitioners apprehend their arrest in a case under Section 307 and other sections of the Indian Penal Code. On account of filling of earth some altercation took place and on the order of Chutuklal Sardar, petitioner No.5, Rabindra Sardar is alleged to have assaulted the informant with spade on his head. One sharp cutting injury was found but the injury is simple in nature.
Considering the fact that on account of land dispute the occurrence took place and there is no allegation of assault against other accused persons, the petitioners No. 1 to 4 namely, Kishor Sardar, Ganesh Sardar, Kari Sardar and Chutuklal Sardar,
Patna High Court Cr.Misc. No.30539 of 2015 (2) dt.29-07-2015 2/2 in the event of their arrest or surrender before the learned 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) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in Kumarkhand P.S. Case No. 206 of 2014 G. R. No. 2182/14), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
So far petitioner No.5, Rabindra Sardar is concerned, he is the assailant of the informant and corresponding injury is found on the head of informant, I am not inclined to enlarge him on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T