IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25012 of 2010
1.SAJAN SINGH , Son of Bindeshwar Singh
2.RANJAN SINGH, Son of Bindeshwar Singh
3.PHUDAI SINGH, Son of Sajjan Singh
4.RAM PRASAD MUKHIYA, Son of Shiban Mukhiya
All Resident of Village Bheja, P.S. Bheja, District Madhubani
.........Petitioners
Versus
THE STATE OF BIHAR
........Opposite Party
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02. 11.08.2010 Heard learned counsel for the four petitioners, who are
named accused in this case carry allegation to abuse and assault the
informant and his brother, who said to have pass through the field of
the petitioners taking tyre cart. The injury report of brother of the
informant, who is solitary injured indicates that some sort of simple
injuries were caused to him as alleged others are petitioner nos. 1 and
2. The parties being co-villagers, further appears to settle the disputes.
This case is squarely covered under the decision of the Apex Court in
case of Jorgia Pentiah V. State of A.P. reported in 2009(1) BCCR 153
(SC).
Considering the facts and circumstances of the case, in the
event of their arrest/surrender before the court below within four
weeks of receipt of the copy of this order, petitioners, namely, Sajan
Singh, Ranjan Singh, Phudai Singh & Ram Prasad Mukhiya, are
directed to be released on bail on furnishing bail bond of Rs. 10,000/-
(ten thousand only) each with two sureties of the like amount each to
the satisfaction of Additional Chief Judicial Magistrate, Jhanjharpur,
2
Madhubani in connection Bheja P.S. Case No. 22 of 2010, subject to
condition as laid down under Section 438 (2) of the Criminal
Procedure Code with additional condition to remain physically present
before the court below on each and every date at least for one year or
till disposal of the case whichever is earlier, in case of failure on two
consecutive dates, the liberty shall be deemed to be cancelled. It is
also made clear that one of the bailors must be either informant or his
injured brother.
Praveen (Akhilesh Chandra,J.)