Ganesh Bhagat And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33717 of 2016 Arising Out of PS.Case No. -67 Year- 2016 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Ganesh Bhagat

2. Umakant Bhagat Both Sons of Late Sitaram Bhagat

3. Amit Kumar Son of Kedar Bhagat All residents of Gram Kuan Pakri P.S. Lalganj, District - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Shekhar Sharma For the Opposite Party/s : Mr. Sri Anish Chandra, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-09-2016 Heard both sides.

Petitioner nos. 1 and 3 apprehend their arrest in Lalganj P.S. Case No. 67 of 2016, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code.

Petitioner no. 1 Ganesh Bhagat is alleged to have assaulted Surendra Bhagat, the informant, with Farsa and Petitioner no. 3 Amit Kumar is alleged to have assaulted Sanjay Kumar with Farsa on his head.

It is submitted that there is a counter version bearing Lalganj P.S. Case No. 68 of 2016. Amit Kumar, Petitioner no. 3 is informant of the case. Petitioners and informant are common

Patna High Court Cr.Misc. No.33717 of 2016 (4) dt.26-09-2016 2/2 descendants and agnates. There is land dispute between the parties. Surendra Kumar and Sanjay Kumar got simple injuries as after x-ray or city scans no bony injury is found as mentioned in para 43 and 45 of the case diary.

Considering the facts aforesaid and the fact that there is a case and counter case and the occurrence took place due to land dispute, the injuries caused by the petitioners are simple in nature, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Hajipur at Vaishali in connection with Lalganj P.S. Case No. 67 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T