Anil Kumar And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.57858 of 2015 (2) dt.09-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57858 of 2015 Arising Out of PS.Case No. -224 Year- 2015 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Anil Kumar S/o Prabhunath Sharma

2. Prabhunath Sharam S/o late Parshuram Singh Both R/o VillageBaraitha, P.s Chiraiya, District East Champaran.

3. Birendra Singh S/o late Ramdeni Singh R/o Village- Harpur, Ps. Pipra, District East Champaran.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party : Mr. Ajay Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2016 Learned counsel for the petitioners is permitted to make necessary correction in para-1 and prayer portion of the instant petition.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Chiraiya P.S. Case No. 224 of 2015 for the offences instituted under Sections 341, 323, 324, 504, 506 and 307 of the IPC.

As per the prosecution case, it is a case of assault upon the informant's son with spade by the accused persons.

Patna High Court Cr.Misc. No.57858 of 2015 (2) dt.09-03-2016 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. Both the parties are the close agnates. There is admitted land dispute between the parties. From perusal of Annexure-3 to the supplementary affidavit, it is evident that the matter has been compromised between the parties.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, 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 in connection with Chiraiya P.S. Case No. 224 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Dhaka at Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T