Chandan Kumar @ Chandraket Kumar Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56230 of 2017 Arising Out of PS.Case No. -386 Year- 2017 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Chandan Kumar @ Chandraket Kumar Sah, Son of Paras Nath Sah,

2. Navin Kumar,

3. Mukul Kumar, Both sons of Ravindra Nath Sah,

4. Paras Nath Sah,

5. Ravindra Nath Sah, Both sons of Bhola Nath Sah,

6. Vikash Kumar, Son of Late Raghunath Sah, All are residents of VillagePanapur Langa, P.S.- Hajipur Sadar, District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Hajipur Sadar P.S. Case No. 386 of 2017, registered under Sections 341, 323, 324, 354, 307, 379, 504 and 506/34 of the Indian Penal Code.

The accusation is that Shyam Sundari Devi, mother of the informant, was going to her filed in the morning of 22.07.2017. At that time, Kundan Sah and Ravindra Nath Sah (petitioner no. 5) started to abuse her, but she moved from there.

Thereafter, on 23.07.2017, when Sham Sundari Devi, again went at her land then Kundan Sah and Ravindra Nath Sah (petitioner no. 5) pushed her and caused assault to her. On raising alarm, the informant came there and tried to save his mother then Kundan Sah and Ravindra Nath Sah (petitioner no. 5) caused injury to him through sickle and lathi, in which, he fell down. When Manoranjan Kumar, brother of the informant, rushed there to save him then he was assaulted through sickle. Thereafter, father, two daughters and nephew of the informant came there then petitioner nos. 1, 2, 3, 4 and 6 also reached there and caused injury to them. At that time, Kundan Sah took cash of Rs.2,000/- to his pocket.

Learned counsel for the petitioners submits that due to land dispute occurrence of 'Marpit' took place, in which, petitioners' side also sustained injury, regarding which, Hajipur Sadar P.S. Case No. 387 of 2017 is also instituted on the basis of written report of Ravindra Nath Sah (petitioner no. 5). Moreover, the injuries, as found on the person of informant, his brother and other family members, are simple in nature.

Having regard to the facts and circumstances of the case, 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, Vaishali at Hajipur, in connection with Hajipur Sadar P.S. Case No. 386 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T