Santosh Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.39399 of 2015 (2) dt.28-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39399 of 2015 Arising Out of PS.Case No. -82 Year- 2015 Thana -NAWADA MUFFASIL District- NAWADA ======================================================

1. Santosh Kumar son of Umesh Mishtry.

2. Dhiraj Kumar son of Umesh Mishtry. Both resident of villageSikandarpur, P.S. Muffasil, Dist- Nawada. .... .... Petitioners

Versus

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

For the Petitioner : Mr. Gauri Shankar Prasad For the Opposite Party : Mr. Pranav Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2015 Heard the counsel for the petitioners and counsel for the State.

The petitioners are apprehending their arrest in a case instituted under Sections 147, 148, 149, 341, 323, and 307 of the Indian Penal Code.

It is alleged by the informant that on 20.04.2015 the informant went to Shivna for grazing her cow in the meantime all the accused persons including petitioners having lathi and stones in their hands attacked upon the informant, sustained injury on her head and both eyes and fell down there unconscious. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is admitted land dispute between the parties. Both the parties are close

Patna High Court Cr.Misc. No.39399 of 2015 (2) dt.28-09-2015 agnates. The doctor has found no grievous injury on the vital part of the body. There is no repetition of blow. Hence, Section 307 Indian Penal Code is not attracted.

On behalf of the State, it has been submitted that the petitioners are named in the FIR.

Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, be released 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 learned CJM, Nawada in connection with Mufassil P.S.Case No.82 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sudhir Singh, J) B.Kr./- U T