Jitendra Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16405 of 2018 Arising Out of PS.Case No. -633 Year- 2016 Thana -NAWADA District- NAWADA ======================================================
1. Jitendra Kumar, S/o Shivbalak Mistri, R/o Village- Mirjapur (Linepar), P.S.- Nawada Town, District- Nawada.
2. Sonu Kumar S/o Kishori Mahto, R/o Village- Rabai, P.S.- Sikandra, District- Jamui.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Mr. Mustaque Alam, APP For the Informant : Mr. S.K. Thakur, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-04-2018 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. Learned counsel for the informant is also present.
The petitioners apprehend their arrest in connection with Nawada Town P.S. Case No.633 of 2016 for the offence registered under Sections 147/447/341/323/307/379/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioners submits that so far as petitioner No.1 Jitendra Kumar is concerned no specific allegation is made out against him whereas with regard to petitioner No.2 Sonu Kumar is concerned it is alleged that petitioner No.2 attacked to the informant's brother with the butt of
Patna High Court Cr.Misc. No.16405 of 2018 (2) dt.06-04-2018 P2/ the gun on his head.
However, learned counsel for the informant submits that such injury as inflicted by the petitioner No.2 has been found to be grievous.
Having heard learned counsel for the petitioners as well as learned counsel appearing on behalf State and the informant; it appears that there was a petty quarrel between the parties resulting in the occurrence. There is case and counter case and there is admitted land dispute between the parties, let 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, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Nawada Town P.S. Case No. 633 of 2016, subject to the condition as laid under Section 438(2) Cr.P.C.
(Anjana Mishra, J) Mkr./- U T