Jagjiwan Das And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44472 of 2016 Arising Out of PS.Case No. -68 Year- 2015 Thana -GURARU District- GAYA ======================================================
1. Jagjiwan Das, Son of Haricharan Das,
2. Binit Kumar, Son of Jagjiwan Das.
3. Rajnish Das, Son of Jagjiwan Das.
4. Bhim Das @ Rajendra Das, Son of Ram Lakhan Das.
5. Sudhir Das @ Sunil Das, Son of Rambali Das, All resident of VillageSherpur, P.S.- Guraru, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-10-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Guraru P.S. Case No. 68 of 2015 registered under Sections 147, 148, 149, 323, 324, 337, 342, 307, 379 and 504 of the Indian Penal Code and section 27 of the Arms Act.
The accusation is that on 25.08.2015 the informant was at his field for planting the paddy. At that time, 7 persons named in the F.I.R., including the petitioners reached there and started abusing. At the instigation of petitioner no.1, petitioner no.2 gave iron rod blow at his head then the informant tried to flee
Patna High Court Cr.Misc. No.44472 of 2016 (2) dt.26-10-2016 2/2 away. Thereafter, petitioner no. 1 pointed the pistol and all assaulted the informant through lathi and stick. Thereafter, he fell down and petitioner no. 2 snatched the gold chain and cash Rs. 540/- from his pocket.
Learned counsel appearing on behalf of the petitioners submits that due to land dispute, occurrence took place and the petitioners' side also sustained injury, regarding which Guraru P.S. Case No. 68 of 2015 is instituted. Moreover, injury as found on the person of the informant, is simple in nature. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Gaya in connection with Guraru P.S. Case No. 68 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J) Shail/- U T