Patna High CourtCR. MISC./78151/2019allowed

Naresh Sah v. The State Of Bihar

2019-12-02Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78151 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- SINGHESHWAR District- Madhepura ====================================================== 1.

NARESH SAH, age 50 years, Male, Son of Late Banarsi Sah 2.

Madan Sah, age 46 years, Male, Son of Late Banarsi Sah Both are resident of Village-Singheshwar Mallik Tola, P.S.-Singheshwar, District-Madhepura.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, A.P.P.

For the informant : Mr. Surya Narain Yadav, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 02-12-2019 Heard learned counsel for the petitioners, learned A.P.P. as well as learned counsel for the informant. Informant, who happens to be a practicing lawyer, has filed a written report to the effect that by way of encroaching his land the petitioners were constructing lavatory and on protest, on an order of Naresh Sah it has been alleged that the petitioner Madan Sah has given a Farsa blow over his head while others assaulted with lathi, Khanti over different parts of the body and during course thereof, he was deprived of HMT wrist watch, cash appertaining to Rs.3,000/- and a golden chain. Thereafter, he was taken to hospital and after returning therefrom, filed the written report.

Patna High Court CR. MISC. No.78151 of 2019(2) dt.02-12-2019 2/2 The petitioners have claimed the land on the basis of 'Basgit Parcha' issued by the State in their favour. Further more, it is also evident from Annexure 3 that only one injury caused by sharp cutting weapon has been found over the head of the informant having dimension 2"x1/4"x skin deep over parietal region of head with profused bleeding, simple in nature. The petitioners are under custody since 13.8.2019. Accordingly, the petitioners, namely, Naresh Sah and Madan Sah, are directed to be released 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 the Chief Judicial Magistrate, Madhepura in Singheshwar P.S.Case No. 26/2019. (Aditya Kumar Trivedi, J) Surendra/- U