Magnu Sadai @ Mangnu Sadia v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53504 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- DEODHA District- Madhubani ====================================================== 1.
Magnu Sadai @ Mangnu Sadia, S/O Late Jibachh Sadai Resident of VillageInarwa, Kachahari Tole, P.S.- Deodha, District- Madhubani. 2.
Raushan Sadai S/O Bagru Sadai Resident of Village- Inarwa, Kachahari Tole, P.S.- Deodha, District- Madhubani.
3.
Sunil Saday @ Sunil Sadai S/O Hira Sadai Resident of Village- Inarwa, Kachahari Tole, P.S.- Deodha, District- Madhubani. 4.
Pawan Sadai S/O Bhulla Sadai Resident of Village- Inarwa, Kachahari Tole, P.S.- Deodha, District- Madhubani.
5.
Sudhir Sadai S/O Gulab Chand Sadai Resident of Village- Inarwa, Kachahari Tole, P.S.- Deodha, District- Madhubani. 6.
Jitendra Sadai S/O Gulab Chand Sadai Resident of Village- Inarwa, Kachahari Tole, P.S.- Deodha, District- Madhubani. 7.
Manish Sadai S/O Magnu Sadai @ Mangnu Sadia Resident of VillageInarwa, Kachahari Tole, P.S.- Deodha, District- Madhubani. 8.
Bouku Sadai S/O Magnu Sadai @ Mangnu Sadia Resident of VillageInarwa, Kachahari Tole, P.S.- Deodha, District- Madhubani. 9.
Inar Devi W/O Magnu Sadai @ Mangnu Sadia Resident of Village- Inarwa, Kachahari Tole, P.S.- Deodha, District- Madhubani. 10.
Nepur Devi W/O Bagru Sadai Resident of Village- Inarwa, Kachahari Tole, P.S.- Deodha, District- Madhubani.
11.
Pano Devi W/o Gulab Chand Sadai Resident of Village- Inarwa, Kachahari Tole, P.S.- Deodha, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-08-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
Petitioners apprehend their arrest in connection with
Patna High Court CR. MISC. No.53504 of 2019(2) dt.28-08-2019 2/3 Deodha P.S. Case No.54 of 2019 for the offence punishable under Sections 341, 323, 325, 307, 504, 506, 34 of the Indian Penal Code.
The allegation against the petitioners is that petitioners along with other accused persons assaulted with lathi, Kudhal sticks, bricks to Ram Brich Paswan and Binod Paswan, Ram Pukar Paswan, Jagdish Paswan and Amrendra Paswan.
Learned counsel appearing for the petitioners submits that altogether 12 persons have been made accused in this case and the allegation against them are general and omnibus except allegation on petitioner No.3, who allegedly assaulted Binod Paswan by means of bit of Kudhal. Learned counsel further submits that a supplementary affidavit at Annexure-1 series, which is the injury report of all injured persons, have been annexed and from perusal of the same, it appears that all injuries are simple in nature and the dispute had arisen due to purchase of eggs on credit basis. Learned counsel further submits that this case has been registered on trivial issue between the covillagers. After having heard learned counsel for the parties and and taking into consideration the fact that the allegation is
Patna High Court CR. MISC. No.53504 of 2019(2) dt.28-08-2019 3/3 general and omnibus against the petitioners except petitioner No.3 and the injury caused to the victims are simple in nature, as such, I am inclined to grant anticipatory bail to all the petitioners.
Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Madhubani, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.
(Anil Kumar Sinha, J) sanjeev/- U T