Bhola Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45249 of 2014 Arising Out of PS.Case No. -86 Year- 2014 Thana -SIRDALA District- NAWADA ======================================================

1. Bhola Singh son of Late Muneshwar Singh resident of Village - Narauli, P.S. - Sirdala, District - Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.45403 of 2014 Arising Out of PS.Case No. -86 Year- 2014 Thana -SIRDALA District- NAWADA ======================================================

1. Uday Singh Son of Late Muneshwar Singh resident of village- Narauli, P.S.- Sirdala, District- Nawada .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.45249 of 2014) For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Mr. Uday Chandra Prasad(App) (In Cr.Misc. No.45403 of 2014) For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-03-2015 Heard both sides.

The petitioners seek bail in Sirdala P.S. Case No. 86/14 registered for the offence under Sections 147, 148, 149, 341, 323, 504, 337, 427, 379, 307 of the Indian Penal Code. Bhola Singh, petitioner, is alleged to have assaulted the

informant with Garansa on his head. Uday Singh is alleged to have assaulted with Garansa on the head of Prince Kumar. The learned Counsel for the petitioner submits that there is a case and counter case, Sarvesh Kumar the informant and Prince Kumar received simple injuries. There is no lathi blow. The petitioners are in jail for more than six months. On the other hand, the learned counsel for the informant and the learned A.P.P. opposed the prayer for bail with all force at his command but very sportingly admitted that Servesh Kumar and Prince Kumar got simple injuries on account of assault made by the petitioners. It is submitted that the petitioners have given wrong information with regard to criminal antecedent.

Considering the facts and nature of allegations made against the petitioners that on account of assault only simple injuries are caused and for that the petitioners have remained in jail for more than six months, the petitioners 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 Judicial Magistrate 1st Class, Nawada in connection with Sirdala P.S. Case No. 86/14.

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