Sohan Mochi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9890 of 2016 Arising Out of PS.Case No. -478 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================
1. Sohan Mochi.
2. Sanjit Mochi Both sons of Late Bhola Mochi.
3. Ashok Mochi @ Ashok Das Son of Late Sukhdeo Mochi @ Sukhdeo Das
4. Sushil Mochi.
5. Anil Mochi. Both sons of Ashok Mochi. All are resident of VillageKaithma, P.S.- Begusarai Muffasil, District Begusarai. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amresh Kr. Verma, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-05-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Petitioners apprehend their arrest in connection with Begusarai Muffasil P.S. Case No. 478 of 2015, G.R. No. 6798 of 2015 registered for the offence punishable under Section 307 and other allied sections of the Indian Penal Code.
The prosecution case, in brief, is that due to land dispute the accused persons started demolishing her house and on protest started brick-bating which hit on the
Patna High Court Cr.Misc. No.9890 of 2016 (3) dt.20-05-2016 2/3 head of her son, Vikash Kumar @ Viki causing injury. During brick-bating, informant also received injuries. It has been submitted by the learned counsel for the petitioners that petitioners are innocent having committed no offence and have no criminal antecedent, as is evident from paragraph-3 of this petition. He further submits that there is a land dispute between the parties and the injuries caused on the person of the informant and her son have been found to be simple in nature.
However, learned A.P.P. for the State submits that although the injuries have been found to be simple, but petitioners are named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, since there is civil dispute between the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand only) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil P.S. Case No. 478 of 2015, G.R. No. 6798 of
Patna High Court Cr.Misc. No.9890 of 2016 (3) dt.20-05-2016 3/3 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.
(Nilu Agrawal, J.) Arjun/- U T