Samar Laiya And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17404 of 2017 Arising Out of PS.Case No. -639 Year- 2015 Thana -BANKA District- BANKA ======================================================
1. Samar Laiya son of late Bhumeshwar Laiya
2. Rajesh Laiya son of Mahendra Laiya Both are residents of village - Pathra, P.S. Barahat, District - Banka.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Nandad Prasad, Adv. For the Opposite Party/s : Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-07-2017 Heard both sides.
The petitioners apprehend their arrest in Banka (Barahat) P.S. Case No. 639/2015, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code.
Learned counsel for the petitioners submits that there is case and counter case. The informant did not make any specific allegation of assault against the petitioner no. 1 Samar Laiya. Rajesh Laiya petitioner no. 2 is alleged to have assaulted the informant with Konch, but the doctor found injuries simple in nature. There is counter version being Banka (Barahat) P.S. Case No. 640/2015.
Patna High Court Cr.Misc. No.17404 of 2017 (3) dt.05-07-2017 2/2 Considering the facts aforesaid and the fact that on account of land dispute both parties entered into scuffle and mutual assault and the informant got simple injuries, the petitioners above-named, in the event of their 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, 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 Chief Judicial Magistrate, Banka in connection with Banka (Barahat) P.S. Case No. 639/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T