Manaki Saw And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6472 of 2019 Arising Out of PS. Case No.-123 Year-2018 Thana- AMARPUR District- Banka ======================================================
1. Manaki Saw, Son of Late Doman Saw
2. Guddu Saw, Son of Manaki Saw
3. Bikram Saw @ Bikram Sah, Son of Manaki Saw
4. Diwakar Saw @ Diwakar Sah, Son of Manaki Saw All residents of village Naksosa, P.S. Amarpur, District Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-02-2019 Heard both sides.
Petitioners apprehend their arrest in Amarpur P.S. Case No.123 of 2018 registered under Sections 307, 323 and other minor sections of the Indian Penal Code. The informant alleged that the petitioners and others assaulted the informant and his family members on account of dispute with regard to palm trees. Both the sides are claiming to be the owners of the palm trees.
Learned counsel for the petitioners submits that on account of land dispute, the occurrence took place. The petitioners are claiming the palm trees to be their owns and for which both the sides entered into mutual assault. It is further
Patna High Court Cr.Misc. No.6472 of 2019(2) dt.05-02-2019 2/2 submitted that the injuries found on the persons of the informant and others are superficial and simple in nature. Considering the facts that the dispute arose on account of land dispute and with regard to ownership of palm trees standing on the land and the injuries found on the persons of the injured are simple in nature, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order 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 the learned CJM, Banka in connection with Amarpur P.S. Case No.123 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Prabhat Kumar Jha, J) S.KUMAR/- U T