Sukhari Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49490 of 2014 Arising Out of PS.Case No. -50 Year- 2014 Thana -PHENHARA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sukhari Rai, S/O Late Ram Dewan Rai, Resident of Village - Chak Nasiba, P.S-Phenhara, District-East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan, Advocate. For the Opposite Party/s : Mr. Amit Kumar Rakesh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 03-03-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Phenhara P.S. Case No.50 of 2014 registered under Sections 341, 323, 324, 307, 379, 427 and 504/34 of the Indian Penal Code. The accusation is that in course of land dispute, this petitioner caused cut injury through Farsa at the head of the informant, Babita Devi, while all the accused persons caused injury through Lathi, Danda and Farsa to Ajay Rai, the husband of the informant.
Learned counsel appearing on behalf of the petitioner submits that it is itself clear from the F.I.R. that the occurrence
Patna High Court Cr.Misc. No.49490 of 2014 (2) dt.03-03-2015 2/2 took place due to land dispute. Moreover, there is specific allegation against the petitioner to cause cut injury at the head of the informant but it would appear from Annexure-'2' to this application, which is the injury report of the informant, the injury found on the head of the informant is simple in nature. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Uma Shankar, Judicial Magistrate, First Class, Sikrahana at Motihari, East Champran, in connection with Phenhara P.S. Case No.50 of 2014.
(Rajendra Kumar Mishra, J) P.S./- U T