← Library
Patna High CourtCR. MISC./26834/2014bail granted

Pappu Baitha And ORS. v. The State Of Bihar

2015-01-13Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.26834 of 2014 (4) dt.13-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26834 of 2014 Arising Out of PS.Case No. -133 Year- 2013 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Pappu Baitha son of Arun Baitha

2. Bablu Baitha son of Arun Baitha

3. Sudhir Baitha @ Ashok Baitha son of Arun Baitha

4. Subodh Baitha son of Arun Baitha

5. Saroj Baitha son of Kapileshwar Baitha All R/o vill. - Boha Basudevpur, P.S. Bajpatti, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Dr. Ajeet Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-01-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners are in jail custody since 25.02.2014 in a case registered for the offences punishable under Section 302 and other minor sections of the Indian Penal Code. According to prosecution case itself, at the time of alleged occurrence, all the petitioners were armed with lathi whereas rest accused were armed either by dagger or by spade. The accusation against the petitioners is that they along with other accused assaulted the deceased by means of their weapons. The post mortem report of the deceased reveals that altogether four

Patna High Court Cr.Misc. No.26834 of 2014 (4) dt.13-01-2015 injuries were received by the deceased. Out of the aforesaid four injuries, three injuries are said to be caused by sharp cutting weapon and only one injury is said to be caused by hard and blunt substance but it is not specific as to which of the accused caused the aforesaid injury. There is enmity between the parties. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Bajpatti P.S. Case No. 133 of 2013. (Hemant Kumar Srivastava, J) SHAHZAD/- U T