Nagendra Das And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.8827 of 2016 (2) dt.25-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8827 of 2016 Arising Out of PS.Case No. -235 Year- 2013 Thana -RIGA District- SITAMARHI ======================================================

1. Nagendra Das son of Hansraj Das,

2. Shivji Das, Son of Late Mahavir Das, Both residents of village- Riga, Tolw- Pipra, P.S.- Riga, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Anuj Kumar Shrivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2016 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code. The prosecution case is that six accused persons including the petitioners were forcibly making the ridge on the land of the informant appertaining to plot no. 8123 measuring an area of 25 decimals. On protest being made, co-accused Hansraj Das and Jai Narayan Das inflicted injury on the head of the informant with an Axe, when all other accused persons assaulted the son of the informant namely Dharmendra Das with lathi.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.8827 of 2016 (2) dt.25-02-2016 petitioners that accusation is in the background of land dispute. Specific accusation is against two other accused persons, though general and omnibus accusation to the son of the informant. Son of the informant received two injuries one lacerated on the right thigh and other abrasion on the left elbow of the marginal size found to be simple in nature. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Riga P.S. Case No. 235 of 2013, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T