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Patna High CourtCR. APP (SJ)/1162/2016allowed

Vidyanand Mahaldar And ORS v. The State Of Bihar

2017-03-01Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1162 of 2016 Arising Out of PS.Case No. -369 Year- 2013 Thana -JOKIHAT District- ARRARIA ======================================================

1. Vidyanand Mahaldar

2. Kripa Nand Kumar Mahaldar both sons of Pasam Lal Mahaldar

3. Sampat Mahaldar s/o Uttam Lal Mahaldar

4. Vinod Kumar s/o Sampat Mahaldar

5. Bijali Devi w/o Pramod Mahaldar

6. Sunita Devi w/o Vidyanand Mahaldar

7. Kochaniya Devi w/o Pasam Lal Mahaldar all residents of village - Bhuna, P.S. - Mahalgaon, Dist - Araria.

.... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Mahendra Thakur, Advocate For the Respondent/s : Mr. Binay Krishna, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 01-03-2017 Heard learned counsel for the appellants as well as learned Special Public Prosecutor along with learned counsel for the informant.

In the background of land dispute, it has been alleged that the appellants along with others armed variously raided the house of the informant and assaulted his family members including the informant. During course thereof, Pasam Lal Mahaldar gave knife blow over right thigh as well as lower portion of the abdomen. Sadanand Mahaldar and Pramod Mahaldar pressed chest of his mother. Furthermore, there happens to be

Patna High Court CR. APP (SJ) No.1162 of 2016 (3) dt.01-03-2017 2/2 omnibus allegation of snatching mobile and a wrist watch and for that appellants happens to be under custody since 27.10.2016. In the aforesaid facts and circumstances of the case setting aside the order impugned, appellants namely, Vidyanand Mahaldar, Kripa Nand Mahaldar, Sampat Mahaldar, Vinod Kumar, Bijali Devi, Sunita Devi and Kochaniya Devi each are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction the learned Sub Divisional Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 369 of 2013. Consequent thereupon, instant appeal is allowed. (Aditya Kumar Trivedi, J) Vats/- U T