Suresh Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.925 of 2017 Arising Out of PS.Case No. -300 Year- 2016 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================
1. Suresh Kumar, Son of Late Krishandeo Narayan Verma,
2. Pragati Kumar, Son of Suresh Kumar, Both residents of Mohalla - Sahu Road, Opp. Deepak Cinema, P.S. Town, Distt. - Muzaffarpur .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Jai Prakash Verma For the Opposite Party/s : Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Town P.S. Case no. 300 of 2016 registered under Sections 341, 323, 324, 307, 504 & 506/34 of the Indian Penal Code. The allegation of informant Arun Kumar is that in respect to dispute of his land Title Suit No. 175 of 1993, Misc. Case No. 13 of 2011 are going on in the Court, but petitioners and other forcibly made drain on his land. When he made protest then both started pelting bricks and stone. At that time, petitioner No.2 Pragati Kumar gave farsa blow on the informant and finger of right hand has been cut in this occurrence and he also sustained injury on his right leg. It is alleged that petitioner No.2 also snatched wrist watch of the informant
Patna High Court Cr.Misc. No.925 of 2017 (7) dt.01-07-2017 2/2 worth of Rs. 5000/-.
Learned counsel for the petitioners submits that, in fact, Title Suit No. 175 of 1993 filed by the informant is dismissed on 19.12.2008 and Misc. Case No. 13 of 2011 is going on and there is no any occasion to dispute of land as detailed in the F.I.R. Moreover, the allegation against the petitioner No.2 is that he caused injury at the finger and body of the informant, but the injury as found on the person of the informant is simple in nature and caused by hard and blunt substance, which would appear from the injury report as received through letter No. 1029, dated 25.05.2017 from the office of Senior Superintendent of Police, Muzaffarpur.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Town P.S. Case No. 300 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T