Patna High CourtCR. MISC./56893/2017bail granted

Md. Farukh @ Md. Karuk And ORS v. The State Of Bihar

2017-12-12Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56893 of 2017 Arising Out of P.S.Case No. -101 Year- 2017 Thana -GWALPARA District- MADHEPURA ======================================================

1. Md. Farukh @ Md. Karuk, son of Late Shahamat,

2. Saken Yadav, Son of Late Sada Nand Yadav.

3. Raven Yadav, Son of Late Sada Nand Yadav. All resident of VillageJhanjhari, Police Station- Gwalpara, District- Madhepura.

4. Kailash Mandal, son of Fansh Mandal.

5. Sajan Mandal, son of Fanesh Mandal, Both resident of villageBiswari, Police Station- Gwalpara, District- Madhepura. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Uday Chand Prasad, Advocate For the Opposite Party : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 12-12-2017 Heard both sides.

2. Petitioners are in custody in connection with Gwalpara P.S.Case No.101 of 2017 registered for the offence under section 307 and other allied Sections of the IPC and Section 27 of the Arms Act.

3. The informant in his written report has alleged that on 21.07.2017 all the 11 FIR named accused persons came at her house abused and assaulted the informant. The cause of occurrence is alleged to be old land dispute between the parties.

4. Learned counsel for the petitioners submits that the allegation of assault is omnibus against nine accused persons. For

Patna High Court Cr.Misc. No.56893 of 2017 (2) dt.12-12-2017 2/2 the occurrence, a counter case has also been lodged from the side of the petitioners vide Gwalpara P.S. Case No.102 of 2017. The injury allegedly caused has been found to be simple in nature and so the petitioners deserve bail.

5. Learned APP opposed the submissions.

6. Considering the omnibus allegation of assault and also the simple nature of injuries, all the aforesaid five petitioners who are in custody since 07.10.2017, are directed to be released 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 Judicial Magistrate, Ist Class, Udakishunganj, Madhepura in connection with Gwalpara P.S.Case No.101 of 2017 with condition that one of the bailors should be own close relatives of the petitioners.

(Sanjay Kumar, J) B.Kr./- U T