Vinod Baitha And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.39017 of 2016 (2) dt.18-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39017 of 2016 Arising Out of PS.Case No. -210 Year- 2015 Thana -SHEOHAR District- SHEOHAR ======================================================

1. Vinod Baitha, S/o Parikshan Baitha.

2. Munna Baitha, S/o Uttim Baitha, All R/o village - Tajpur, P.S. + District Sheohar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Jha, Advocate. For the Opposite Party/s : Mr. Sri Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-10-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sheohar P.S. Case No. 210 of 2015 registered under Sections 323, 324, 325, 379, 307 and 506/34 of the Indian Penal Code. The accusation is that informant, Abdhesh Baitha, was taken by co-accused, Birendra Baitha at his door and petitioner no. 1, Vinod Baitha, was also sitting there, who told the informant to give the passage through his land but the informant refused, on which, petitioner no. 1, Vinod Baitha caused Farsa blow at his head. At that time, co-accused Uttim Baitha snatched the gold chain from the informant and petitioner no. 1, Munna Baitha also

Patna High Court Cr.Misc. No.39017 of 2016 (2) dt.18-10-2016 assaulted him through iron rod.

Learned counsel for the petitioners submits that while the allegation against petitioner no. 1, Vinod Baitha, is to cause Farsa blow at the head of the informant but the Doctor did not find any sharp cutting injury on him and the allegation against petitioner no. 2, Munna Baitha, is to cause iron rod blow at the informant but the Doctor find only one lacerated wound at his head. It is further submitted that petitioners have falsely been implicated in this case due to land dispute.

Considering the aforesaid submissions, 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, Sheohar, in connection with Sheohar P.S. Case No. 210 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