Ram Singhar Sahani And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.43868 of 2016 (4) dt.05-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43868 of 2016 Arising Out of PS.Case No. -309 Year- 2015 Thana -DUMRA District- SITAMARHI ======================================================

1. Ram Singhar Sahani Son of Late Kamal Sahani

2. Jageshwar Sahani Son of Ram Singhar Sahani Both resident of village - Balua, P.S. Dumra, District - Sitamarhi

3. Sakal Sahani Son of Nantun Sahani

4. Rajesh Sahani Son of Nantun Sahani Both resident of village - Lagma, P.S. Dumra, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 05.12.2016 Supplementary affidavit is filed on behalf of the petitioners. Let it be kept on record.

Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with a case registered under section 307 and other minor sections of the Indian Penal Code.

It would appear from perusal of the record that both parties lodged cases against each others and alleged occurrence appears to have taken place on account of previous dispute. Persons from both sides sustained injuries. So far injured of prosecution side are concerned, it appears that three injured sustained simple injury whereas one injured who happens to be

Patna High Court Cr.Misc. No.43868 of 2016 (4) dt.05-12-2016 mother of the informant sustained injury on her hand which appears to be grievous in nature though opinion regarding the aforesaid injury was kept reserved by the doctor. So far as injured of the petitioners' side are concerned, they, too, sustained simple injury and one injured sustained injury on his head.

Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that free fight took place between the parties, let the petitioners, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Dumra P.S. Case no. 309/2015 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T