Suraj Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35265 of 2017 Arising Out of PS.Case No. -54 Year- 2017 Thana -KHANPUR District- SAMASTIPUR ======================================================
1. Suraj Sah, Son of Late Chittar Sah,
2. Manoj Sah,
3. Mukesh Sah,
4. Ramesh Sah, All Sons of Suraj Sah,
5. Meena Devi @ Meera Devi, W/o Suraj Sah,
6. Shavitri Devi @ Shanti Devi, W/o Manoj Sah,
7. Chandni Devi, W/o Mukesh Sah,
8. Rinku Devi @ Sinku Devi, W/o Ramesh Sah,
9. Ganesh Paswan, Son of Late Muneshwar Paswan, All Residents of Village Khairi Tola Kharaj, P.S.- Khanpur, District- Samastipur.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Lovekush Kumar, Advocate For the Opposite Party : Mr. Sri Manish Kumar 2 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-08-2017 Heard learned counsel for the petitioners and learned counsel representing the State.
The petitioners apprehend their arrest in connection with Khanpur P.S. Case No. 54 of 2017, registered for the offences punishable under Sections 147, 148, 149, 323, 307, 504 of the Indian Penal Code.
The learned counsel for the petitioners submits that there is case and counter case, there was free fight between the parties, both sides have received injuries, from the side of the
Patna High Court Cr.Misc. No.35265 of 2017 (2) dt.16-08-2017 2/2 informant his father has only sustained injury. Injury nos.1 and 3 are simple in nature, regarding injury no.2 no opinion has been given which is lacerated wound 1/2 inch x 1/8 inch scalp deep and upper lateral of scalp, regarding injury no.2 it has been stated that opinion can be obtained by first treating doctor, but no such report has been obtained, from the side of petitioners, there are four injured, due to land dispute the occurrence has taken place and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail.
In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Samastipur, in connection with Khanpur P.S. Case No. 54 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T