Patna High CourtCR. MISC./8562/2018bail granted

Santosh Kumar And ANR v. The State Of Bihar

2018-02-21Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.8562 of 2018 (2) dt.21-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8562 of 2018 Arising Out of PS.Case No. -65 Year- 2017 Thana -SIRDALA District- NAWADA ======================================================

1. Santosh Kumar S/o Karu Prasad

2. Sudamia Devi W/o Karu Prasad, R/o Village- Jario, P.S.-Sirdala, DistrictNawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-02-2018 Heard both sides.

The petitioners apprehend their arrest in Sirdala P.S. Case No.65 of 2017 registered under Sections 307, 354(B), 379 and other minor Sections of the Indian Penal Code. The informant alleged that some altercation took place on 28.03.2017 for harvesting wheat crops but on 29.03.2017, while he was returning after attending call of nature, the petitioner and other 15 in numbers surrounded the informant. On the order of Nageshwar Prasad, Sunil Prasad is said to have assaulted the informant with garansa on his head. Santosh Kumar, petitioner no.1, Sudamia Devi, petitioner No.2 are also alleged to have assaulted the informant with stick. Nageshwar Prasad is alleged to have assaulted the wife of the informant with lathi. Other accused

Patna High Court Cr.Misc. No.8562 of 2018 (2) dt.21-02-2018 persons also assaulted.

The learned counsel for the petitioners submits that on account of land dispute, the occurrence took place from the side of the petitioner and Sirdala P.S. Case No.64 of 2017 is registered. The informant Arjun Prasad got simple injury. The wife of Arjun Prasad got one grievous injury on account of fracture of forearm. Nageshwar Prasad is alleged to have assaulted the wife of Arjun Prasad with lathi and no specific allegation is made against the petitioner.

Considering the facts aforesaid and the fact that there is case and counter case and no specific allegation is made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. V, Nawada in connection with Sirdala P.S. Case No.65 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Saurabh/- (Prabhat Kumar Jha, J) U T