Sagir Gaddi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32945 of 2016 Arising Out of PS.Case No. -49 Year- 2016 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sagir Gaddi

2. Magir Gaddi

3. Jahangir Gaddi

4. Alamgir Gaddi

5. Aurangjev Gaddi

6. Haidar Ali @ Haidar Gaddi All 1 to 6 are Sons of Shamshul Gaddi and are resident of villageDakahi, Police Station- Gopalpur, District- West Champaran, Bettiah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagdish Prasad Bhagat For the State : Mr. U.L. Verma, APP For the Informant : Mr. Adityanath Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-08-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State as well as learned counsel appearing on behalf of the informant. The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 142/143/341/323/324/325/307/379/504/506 of the Indian Penal Code.

Learned counsel for the petitioners submits that though there is an allegation against the petitioners of having injured the informant after attacking him with a Farsa on the head, the injuries which have been purported to have been inflicted on the

Patna High Court Cr.Misc. No.32945 of 2016 (2) dt.18-08-2016 P2/2 informant, have been found to be that of hard and blunt substance and not a Farsa. It is further submitted that admittedly, the dispute arose on account of unloading of logs of wood at the doorsteps of the informant and that there was no pre-meditation so as to invoke the provisions of Section 307 of the Indian Penal Code. Having considered all facts and circumstances including the submission of the learned counsel for the informant who has seriously resisted the matter, let the petitioners above named, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged 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 the learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Gopalpur P.S. Case No. 49 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T