Jaleshwar Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34476 of 2017 Arising Out of PS.Case No. -110 Year- 2017 Thana -KUCHAIKOTE District- GOPALGANJ ======================================================

1. Jaleshwar Sah Son of Late Shiv Chandra Sah

2. Dinesh Sah Son of Jaleshwar Sah

3. Umesh Sah Son of Jaleshwar Sah

4. Biresh Sah Son of Jaleshwar Sah All are Resident of Village-Shyampur Giri, P.S.-Kuchaikote District-Gopalganj.

5. Munib Sah Son of Rajbanshi Sah, Resident of Village-Tiwari Mathiniya P.S.-Bishambharpur, District-Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam, Adv. For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-08-2017 Heard both sides.

The petitioners apprehend their arrest in Kuchaikote P.S. Case No. 110/2017, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. The informant alleged that on 26.04.2017 the informant and his family members were putting wood on their land, but the petitioners came and Dinesh Sah petitioner no. 2 is alleged to have assaulted the informant with Daab on his head. Other accused persons are alleged to have assaulted the informant and others.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.34476 of 2017 (2) dt.10-08-2017 2/2 occurrence is said to have taken place on 26.04.2017, but the F.I.R. was lodged on 02.05.2017. On 28.04.2017 itself, Jaleshwar Sah petitioner no. 1 lodged Gopalganj S.C./S.T. P.S. Case No. 20/2017 against the informant and others. The informant Jai Kishore Bharti got as many as four injuries, but all the injuries are simple in nature. The occurrence took place due to land dispute. Considering the facts aforesaid and the fact that there is case and counter case and the informant got simple injuries, 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 Chief Judicial Magistrate, Gopalganj in connection with Kuchaikot P.S. Case No. 110/2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.)