Munna @ Munna Hawaldar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37557 of 2018 Arising Out of PS.Case No. -518 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Munna @ Munna Hawaldar, Son of Late Kali Mohan,
2. Ramesh Bala @ Ramesh Wala, Son of Radha Kishun Wala,
3. Niranjan Shikari, Son of Late Sharad Chandra,
4. Sanna Tapali @ Sanna Patali, Son of Late Sadhu Charan Tapali,
5. Jitendra Chakrawarti, Son of Late Ravindra Chakrawarti,
6. Dileep Chakrawarti, Son of Kalipad Chakrawarti, All the residents of Village- Aodarawa Colony, Police Station- Shikarpur, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Milind Kumar Mishra, Adv. For the Opposite Party/s : Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2018 The petitioners are apprehending their arrest in connection with Shikarpur P.S. Case No. 518 of 2017, registered for offences punishable under Sections 447, 323, 341, 354, 379, 308, 427/34 of the Indian Penal Code.
Allegation against the petitioners is that petitioner no.2 assaulted the informant by iron rod on the head of informant and when her father-in-law came to save her then all the petitioners assaulted him also with bamboo sticks.
Submission of learned counsel for the petitioners is that there is land dispute between the parties and although there is
Patna High Court Cr.Misc. No.37557 of 2018 (3) dt.28-08-2018 2/3 allegation of assault, however, all the injuries were found to be simple in nature.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Shikarpur P.S. Case No. 518 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear
Patna High Court Cr.Misc. No.37557 of 2018 (3) dt.28-08-2018 3/3 before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T