Chhotan Mistry And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9581 of 2015 Arising Out of PS.Case No. -305 Year- 2014 Thana -GHOSI District- JEHANABAD ======================================================
1. Chhotan Mistry, aged about 60 years S/o Late Tulsi Mistry
2. Raju Mistry, aged about 32 years S/o Late Rama Mistry Both Resident of Darharpur, Police Station Ghoshi, District Jahanabad., .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vikas Mohan For the Opposite Party/s : Mr. R.B. Roy Raman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-05-2015 Heard both sides.
The petitioners seek their bail in a case registered under Section 307 and other sections of the IPC.
The informant alleged that Chhotan Mistry (Petitioner no.1 and Raju Mistry (Petitioner no.2) and other accused persons brutally assaulted the father, brother and nephew of the informant. It is submitted that from the side of the petitioners Ghosi P.S.Case No.306 of 2014 was lodged against the informant's side and T.S.No.11 of 1978 filed by the mother of petitioner no.1 against the informant side is also pending. There is bonafide land dispute between the parties. The Investigating Officer did not obtain final injury report and submitted the charge sheet. The petitioners are in jail since 13.11.2014, i.e. they have remained in jail for more than six months.
Considering the facts aforesaid and the fact that on account of land dispute the occurrence took place and there is general and omnibus allegations against the petitioners, the
Patna High Court Cr.Misc. No.9581 of 2015 (4) dt.08-05-2015 2/2 petitioners, named above, 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 Chief Judicial Magistrate, Jehanabad in connection with Ghosi P.S.Case No. 305 of 2014.
(Prabhat Kumar Jha, J) ahk/- U T