High Court Patna High Court - Orders

Harendra Kuwar &Amp; Ors vs State Of Bihar on 26 October, 2010

Patna High Court – Orders
Harendra Kuwar &Amp; Ors vs State Of Bihar on 26 October, 2010
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.31711 of 2010
                          1. HARENDRA KUWAR
                          2. ARUN KUWAR
                          3. KAMAL KUWAR
                          4. SHEO JEE KUWAR @ SEHO JEE KUMAR
                          5. GOPAL KUWAR
                             ------------------------------ PETITIONERS
                                                Versus
                                       STATE OF BIHAR
                                              -----------

2 26.10.2010 Heard learned counsel for the parties.

The submission of learned counsel for

the petitioners is that land dispute was there

in between the parties. There was free fighting,

persons from petitioners’ side also received

injuries and none of the injuries to any of the

members of the informant party justifies

intention to kill as all the injuries are found

simple in nature. Theft is ornamental. So there

is no recovery of any of the stolen articles and

abuse in name of caste is vague without

specifying person who really abused in name of

informant’s caste.

Thus, having regard to the facts and

circumstances of the case, in the event of

arrest or surrender within one month from the

date of communication of this order, the above

named petitioners shall be released on bail on

furnishing bail bond of Rs. 10,000/-(ten
2

thousand) each with two sureties of the like

amount each to the satisfaction of Chief

Judicial Magistrate, Buxar in Simri P.S. Case

No. 88/10, subject to the condition as laid down

under section 438(2) Cr.P.C.

AI                                   ( Mandhata Singh, J.)