Munna Sah And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.2414 of 2017 (2) dt.28-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2414 of 2017 Arising Out of PS.Case No. -82 Year- 2015 Thana -SARSI District- PURNIA ======================================================

1. Munna Sah,

2. Pappu Sah, Both Sons of Rajo Sah, Both Resident of VillageAkhtiyarpur, P.S.-Sarsi, District-Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Karn, Advocate. For the Opposite Party/s : Mr. Sri Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sarsi P.S. Case No. 82 of 2015, registered under Sections 147, 148, 149, 341, 323, 324, 307, 354 and 504 of the Indian Penal Code.

The accusation is that, on 19.05.2015, when informant was fencing around his orchard then six persons named in the F.I.R. including the petitioner armed with Lathi, Danda, Farsa and Dabia came there and damaged the fencing and started to abuse him. On protest, petitioner no. 1 caused injury through Dabia at his head, on which, he fell down. When Balram Sah, brother of

Patna High Court Cr.Misc. No.2414 of 2017 (2) dt.28-02-2017 informant and his wife, Renu Devi, came to save him then petitioner no. 2 gave Farsal blow to Balram Sah at his head. In the meantime, both petitioners started to cause assault to Renu Devi and also torn her cloths.

Learned counsel for the petitioners submits that occurrence took place due to land dispute, in which, petitioner's side also sustained injury, regarding which, Sarsi P.S. Case No. 78 of 2015 is instituted against the informant of present case and others. Moreover, the injuries as said to be caused to the informant and his brother are simple in nature.

Having regard to the facts and circumstances of the case, 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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Sarsi P.S. Case No. 82 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T