Saryug Bharti @ Saryug Giri And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10493 of 2015 Arising Out of PS.Case No. -168 Year- 2014 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Saryug Bharti @ Saryug Giri S/o Late Puran Bharti

2. Mangal Bharti S/o Late Puran Bharti

3. Krishna Bharti @ Chirkut Bharti S/o Saryug Bharti @ Saryug Giri All are Resident of Village Nautan, Gosai Tola, Police Station Nautan, District West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Mr. T.P.Mandal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-03-2015 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, 380, 504/34 of the Indian Penal Code.

It is alleged that petitioner no. 2 assaulted with farsha on the head of the informant thereafter co-accused (non petitioner) Alishen Mian assaulted with lathi on the right palm of the informant and petitioner no. 3 assaulted with rod on the back and leg of the informant. Subsequently, accused persons took away the jewellary, clothes and cash of Rs.20,000/- from the house of the

Patna High Court Cr.Misc. No.10493 of 2015 (2) dt.13-03-2015 informant.

It is submitted by the learned counsel for the petitioners that the injury report of the informant suggests one simple injury of marginal size caused by hard and blunt substance, whereas injury on the right palm of the informant is grievous, which is alleged to have been caused by co-accused Alishek Mian (non-petitioner). No injury on the back or the leg of the informant has been found though petitioner no. 3 alleged to have caused injury on back and leg of the informant. There is counter versions of the occurrence. 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 Judicial Magistrate, Ist Class, West Champaran at Bettiah in connection with Nautan Police Station Case No. 168 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

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