Shiv Shankar Giri And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24433 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -JALALPUR District- SARAN ======================================================

1. Shiv Shankar Giri, Son of Late Jina Giri

2. Dhananjay Giri @ Dhananjay Kr. Giri, Son of Late Raghunath Giri.

3. Roman Giri @ Roman Bharti @ Raman Kr. Bharti, Son of Shila Giri. Resident of Village- Jalalpur, P.S.- Jalalpur, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate. For the Opposite Party/s : Mr. Arun Kumar Singh -5, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-06-2017 Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners apprehend their arrest in Jalalpur P. S. Case No. 17 of 2017 registered for the offences under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioner no.1 is the informant of Jalalpur P.S. Case No. 13 of 2017 lodged on 30.01.2017 which is Annexure-2 of the instant petition in which there is allegation of assault at the hands of the informant against the petitioner and others. It is further submitted that there is subsisting land dispute between the parties and the instant case has been lodged as a counter blast after lodging of the

Patna High Court Cr.Misc. No.24433 of 2017 (2) dt.01-06-2017 2/2 said case. The instant case was lodged on 06.02.2017 for the alleged occurrence which took place on 30.01.2017. The injury report which has been annexed as Annexure-3 is of 07.02.2017 and even then the opinion has been kept reserved. Considering the aforesaid circumstances, the above named petitioners, 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) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateIX, Saran at Chapra in Jalalpur P. S. Case No. 17 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Madhuresh Prasad, J) Mishra/- U T