Kamal Sardar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19759 of 2017 Arising Out of PS.Case No. -120 Year- 2016 Thana -SHANKARPUR District- MADHEPURA ======================================================
1. Kamal Sardar Son of Late Mahabir Sardar
2. Singhjee Sardar
3. Nitish Sardar
4. Sanjay Sardar All Sons of Kamal Sardar
5. Rajo Sardar Son of Nand Lal Sardar All residents of Village - Gadha Rampur, Police Station - Shankarpur, District - Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad, Advocate For the Opposite Party/s : Smt. Indu Bala Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-05-2017 Learned counsel for the petitioners is permitted to make necessary corrections in paragraph-1 at page 2 and prayer portion at page 10 of the bail application in the course of the day.
Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in connection with Shankarpur P.S. Case No. 120 of 2016 for offences under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379, 427 and 504 of the Indian Penal Code and Section 27 of the Arms Act.
Patna High Court Cr.Misc. No.19759 of 2017 (2) dt.30-05-2017 2/2 In para-6 of the bail application the petitioners have stated that there is land dispute between the parties. In Para-11 the petitioners have referred to the counter case. From perusal of Annexures 3 and 4 it transpires that the injuries sustained by the informant side are simple in nature and the injuries sustained by the petitioners side appears to be grievous.
In view of the facts and circumstances mentioned above particularly, the land dispute, case and counter case and the specific statement made in para-3 that the petitioners have no criminal antecedent, I am inclined to enlarge the petitioners, above named, in the event of 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, 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-I, Madhepura in connection with Shankarpur P.S. Case No. 120 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Upadhyay, J) S.Pandey/- U T