Kum Narayan Sardar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51077 of 2016 Arising Out of PS.Case No. -257 Year- 2016 Thana -CHHATAPUR District- SUPAUL ======================================================
1. Kum Narayan Sardar, Son of Shikchili Sardar
2. Santi Sardar @ Mantu Sardar, Son of Kum Narayan Sardar, Resident of Village - Gwalpara (Rajeshwari), P.S. - Chhatapur, District - Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Jha, Advocate For the Opposite Party/s : Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-11-2016 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners are languishing in custody since 31.08.2016 in connection with Chhatapur P.S. Case No. 257/16 for offences punishable under Section 307 and other allied Sections of the Indian Penal Code.
The prosecution case is that on the alleged date of occurrence, there was scuffle between two rival parties during election and the petitioners and other 11 co-accused brutally assaulted Indal Paswan and Lal Paswan.
It has been submitted by the learned counsel for the petitioners that there was an election dispute between the two sides and that no specific allegation has been alleged against these petitioners. He submits that the allegations are general and
Patna High Court Cr.Misc. No.51077 of 2016 (2) dt.28-11-2016 2/2 omnibus and that the petitioners have no criminal history. However, learned APP for the State submits that the petitioners are named in the First Information Report, hence, opposes the prayer for bail.
Considering the facts and circumstances and that there is general and omnibus allegation, let petitioners, above named, 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 learned Addl. Chief Judicial MagistrateII, Supaul, in connection with Chhatapur P.S. Case No. 257/16. (Nilu Agrawal, J.) Rajesh/- U T