Khushi Lal Gond And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31958 of 2015 Arising Out of PS.Case No. -71 Year- 2015 Thana -GUTHNI District- SIWAN ======================================================
1. Khushi Lal Gond
2. Laxman Gond Both are Sons of Shobha Gond
3. Shailesh Gond Son of Sukul Gond All are resident of village - Sohgara Puranpatti, P.S. Guthani, District - Siwan .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ganjendra Kumar Singh For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-08-2015 Heard learned counsels for the petitioners and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 307, 323, 341, 504, 34 of the Indian Penal Code.
It is alleged that informant was assaulted on his head with farsa by petitioner No. 1 Khushi Lal Gond and when uncle of the informant came to rescue then he was assaulted by petitioner No. 2 Laxman Gond and petitioner No. 3 Shailesh Gond took out Rs. 7000/- from the pocket of the informant.
It is submitted by learned counsel for the petitioners that injury of the informant suggests lacerated injury on parietal region and swelling on right hand and both the injuries have been found caused by hard and blunt
Patna High Court Cr.Misc. No.31958 of 2015 (2) dt.06-08-2015 2/2 substance, simple in nature whereas the injury of the uncle of the informant has been found lacerated one on right parietal region caused by hard and blunt substance simple in nature. It is not specifically alleged the weapon with which petitioner No. 2 assaulted the uncle of the informant. Moreover in the background of land dispute the accusation has been levelled. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the accusation not being corroborated by the medical opinion, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Guthani P.S. Case No. 71 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T