Chandan Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60744 of 2018 Arising Out of PS.Case No. -56 Year- 2018 Thana -ANTICHAK District- BHAGALPUR ======================================================
1. Chandan Kumar, Son of Raj Kishore Mandal
2. Raj Kishore Mandal, S/o Late Bouku Mandal, Both are R/o Vill. Oriup, P.S. - Antichak, District - Bhagalpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 385, 379, 447, 504 and 506/34 of the Indian Penal Code. For land dispute, there is case and counter case between the parties. Three persons are alleged to have caused injury with iron rod and khanti at the head of the informant whereas the Doctor has found only two injuries on the head of the informant, simple in nature.
Submission is that the petitioners are also injureds of the occurrence. There is case and counter case vide Anneuxre-3 and the allegation is not corroborated by injury report as the
Patna High Court Cr.Misc. No.60744 of 2018 (3) dt.05-11-2018 2/2 Doctor has found only two wounds whereas allegation is against three persons of commission of injury.
Considering the aforesaid infirmities, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Antichak Police Station Case No. 56 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Kundan/- U T