Satya Narayan Mahaldar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44201 of 2016 Arising Out of PS.Case No. -103 Year- 2016 Thana -PURNEA SADAR District- PURNIA ======================================================
1. Satya Narayan Mahaldar son of Yogendra Mahaldar
2. Raghu Mahaldar son of Yogendra Mahaldar
3. Devendra Mahaldar son of Dukhan Mahaldar All R/o Village - Begam Bad Pokharia, P.S. - Sadar, District - Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Dr. Bidhu Ranjan For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-12-2016 Heard the learned senior counsel for the petitioners. Nobody appears on behalf of the State.
The petitioners apprehend their arrest in Sadar P.S. case No. 103 of 2016 under Section 307 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act. The informant named the petitioners along with other accused persons and alleged that all the accused persons, having armed with different weapons, came and begun to assault the informant and others. Krityanand Mahaldar assaulted the informant with sword.
Sri N. K. Agrawal, the learned senior counsel for the petitioners, submits that no specific allegation of assault is made
Patna High Court Cr.Misc. No.44201 of 2016 (4) dt.20-12-2016 2/2 against the petitioners. On the fard bayan of Krityanand Mahaldar Sadar P.S. case No. 102 of 2016 was registered. The land was settled in favour of Krityanand Mahaldar. The informant and Tallu Murmu got simple injuries.
Considering the fact that there is case and counter case and the occurrence took place on account of land dispute in which, of course, the informant and Tallu Murmu received injuries but injures are simple in nature, 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) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Purnea in Sadar P.S. Case No. 103 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T