Suraj Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21224 of 2016 Arising Out of PS.Case No. -31 Year- 2016 Thana -SIMRI District- DARBHANGA ======================================================

1. Suraj Sah, son of Late Makhan Sah.

2. Vijay Thaku, son of Shivji Thakur.

3. Gulab Sah, son of Suraj Sah.

4. Lal Babu Sah, son of Suraj Sah.

All resident of Village- Sudhwara, P.S.- Simri, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 27-07-2016 Heard learned counsel for the petitioner no.4 and the learned A.P.P. for the State.

The petitioner no.4 seeks bail in connection with Simri P.S. Case No.31 of 2016 registered under Sections 147, 149, 341, 342, 323, 325, 307, 379 and 504/34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner no.4 submits that the three other petitioners, above named, have already been granted bail by a Bench of this Court vide order dated 19.05.2016 whereas in respect of the petitioner no.4, carbon copy of the case diary was called for by the aforesaid order, which has already been received. There is specific allegation against the

Patna High Court Cr.Misc. No.21224 of 2016 (3) dt.27-07-2016 2/2 petitioner no.4 to cause injury at the nose of Munna Paswan through iron rod. Further submission is that, in fact, due to land dispute, as detailed in the F.I.R. itself, the occurrence of 'MaarPeet' took place in which the petitioner no.4 also sustained injuries on his person for which Simri P.S. Case No.32 of 2016 was also lodged against the informant and others on the basis of the written report of the petitioner no.1, Suraj Sah. The petitioner no.4 is in jail custody since 03.04.2016.

Learned A.P.P. for the State submits that in the case diary, which is up-to paragraphs-24, only the injuries sustained by the injured Nathu Paswan, Guddu Paswan and Ashok Paswan are detailed.

Having regard to the facts and the circumstances of the case, the petitioner no.4, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Ravi Pandey, Judicial Magistrate, First Class, Darbhanga, in connection with Simri P.S. Case No.31 of 2016. (Rajendra Kumar Mishra, J) P.S./- U T