Binod Nut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49359 of 2019 Arising Out of PS. Case No.-284 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.
BINOD NUT Son of Sri Kameshwar Nut Resident of Village-Banarsiya Tola, Beda, Police Station-Sasaram (Muffasil), District-Rohtas at Sasaram. 2.
Vishal Nut Son of Sri Binod Nut Resident of Village-Banarsiya Tola, Beda, Police Station-Sasaram (Muffasil), District-Rohtas at Sasaram. 3.
Subhas Nut Son of Sri Prem Nut Resident of Village-Banarsiya Tola, Beda, Police Station-Sasaram (Muffasil), District-Rohtas at Sasaram. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nawal Kishor Singh For the Opposite Party/s :
Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-08-2019 Let the supplementary affidavit filed on behalf of the petitioners be kept on the record.
Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Sasaram (Muffasil) P.S. Case No.284 of 2018 registered under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code besides Section 27 of the Arms Act. The accusation is that on 30.12.2018 at about 05.00 P.M., when the informant Mohan Nut along with his brother Yamuna Nut was sitting at his door, at that time, the petitioners
Patna High Court CR. MISC. No.49359 of 2019(2) dt.07-08-2019 2/3 and one Prem Nut having pistol, iron rod, garasa and axe in their respective hands came there and started to cause assault to the informant and his brother. In that course, Prem Nut fired from his pistol and caused injury at the head of the informant and his brother. At that time, Prem Nut snatched the gold chain of the sister of the informant.
Learned counsel for the petitioner submits that due to land dispute, the occurrence of "Maar-Peet" took place between the parties. Out of the two injuries, as sustained by the informant, his head injury is simple in nature and regarding the nature of another injury, opinion was kept reserved for X-ray report, whereas out of the two injuries, as sustained by Yamuna Nut, the brother of the informant, one injury as sustained by him, one injury is simple in nature and regarding the nature of his head injury, opinion was kept reserved, awaiting the CT scan report. The petitioners have no criminal antecedents. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate,
Patna High Court CR. MISC. No.49359 of 2019(2) dt.07-08-2019 3/3 Saran (Rohtas), in connection with Sasaram (Muffasil) P.S. Case No.284 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T