Mogala Bin @ Mogal Bin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46936 of 2024 Arising Out of PS. Case No.-70 Year-2024 Thana- SIDHWALIYA District- Gopalganj ====================================================== 1.
Mogala Bin @ Mogal Bin son of Late Amin Bin Village- Rampur PsSidhwaliya Dist- Gopalganj 2.
Bhola Bin @ Bhola Rawat son of Late Amin Bin Village- Rampur PsSidhwaliya Dist- Gopalganj 3.
Santu Bin @ Santu Rawat son of Late Amin Bin Village- Rampur PsSidhwaliya Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s :
Mr. Dr.Mrityunjaya Kr.Gautam , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2024 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 447, 341 , 323 , 324, 307, 379, 504, 506 and 34 of the Indian Penal Code . 3 . As per the prosecution case , on 13.03.2024 at about 7 AM informant had gone to the house of petitioner No. 2 Bala Bin to demand his money i. e,. Rs. 50,000/- which he had given him for registration of sale deed but he refused to give it
Patna High Court CR. MISC. No.46936 of 2024(2) dt.13-08-2024 2/3 back and told him that he will return the same in evening. Subsequently , in the evening around 6 PM these petitioners along with other co-accused persons armed with various weapons came at the door of the informant and assaulted the informant. Petitioner No. 1 inflicted Dab blow on the head of the father of informant and petitioner Nos. 2 and 3 assaulted the informant by means of lathi and danda .
4. It is submitted on behalf of the petitioners that due to land dispute between the parties an altercation took place between them in which informant and his father sustained simple injuries. Both the parties are co-villagers . Petitioners claim clean antecedent.
5 . Learned counsel for the State opposed the bail petition .
6 Considering the nature of injury and other circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, 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 ACJM 1st Gopalganj in connection with Sidhwaliya P.S. Case No. 70 of 2024 , subject to the conditions laid down under section 438(2) of the Code of
Patna High Court CR. MISC. No.46936 of 2024(2) dt.13-08-2024 3/3 Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T