Tilo Sahni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55520 of 2015 Arising Out of PS.Case No. -180 Year- 2015 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Tilo Sahni Son of Harku Sahni

2. Manoj Sahni

3. Saryug Sahni Both sons of Ram Balak Sahni All Resident of Villagechauki, p.s Sahebpur, Kamal Distt Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Randhir Kumar No-1, Adv. For the Opposite Party/s : Mr. Parmeshwar Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-07-2016 Heard both sides.

The petitioners apprehend their arrest in Sahebpur Kamal P.S. Case No. 180/2015, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code.

The informant made allegation that while he was going to bring husk petitioners and others intercepted and assaulted him with iron rod and butt of pistol.

It is submitted that there is counter version. Five persons are alleged to have assaulted the informant, but only two injuries were found on the person of the informant. One is swelling in head and another on the finger which is found to be fractured. It is

Patna High Court Cr.Misc. No.55520 of 2015 (8) dt.28-07-2016 2/2 submitted that even injury report appears to be manufactured as the same was not sent earlier and when the Superintendent of Police, Begusarai was directed to ensure receipt of injury report then injury report was sent to this court.

Considering the facts aforesaid and the fact that there is a case and counter case and five persons are alleged to have been assaulted even then the informant got only two injuries out of which injury on head is simple in nature and finger found to be fractured is grievous, 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 the Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P.S. Case No. 180/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T