IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.34409 of 2010
SANJEEV KUMAR JHA
Versus
THE STATE OF BIHAR
---with---
Cr.Misc. No.34823 of 2010
1. PAWAN MISHRA
2. Deepak Kumar
Versus
STATE OF BIHAR
------
2/ 25.02.2011 Heard learned counsel for the petitioners and learned
counsel for the State.
A mob of 80-90 persons including petitioners in 22
named persons are alleged for causing assault by means of different
weapons to the informant, his brother and father. Later in course of
investigation, informant’s father died that is followed by allegation
of snatching of Rs. 5300/- and a mobile by petitioner no.2 of Cr.
Misc. No. 34823 of 2010 which is said ornamental due to
differences in between the parties on the point of constitution of
committee to look after the affairs of Durga Mandir. On the point of
assault, submission of the learned counsel for the petitioners is that
petitioners are not assailants of the deceased. Petitioner no.1 of Cr.
Misc. No. 34823 of 2010 is alleged causing assault to informant’s
brother either by means of lathi or iron rod but on hand, leg and
back may never be gathered for intention to kill.
Considering the facts and circumstances of the case,
prayer of the petitioners is allowed.
In the event of arrest or surrender within one month
from the date of receipt/production of a copy of this order in
connection with Udakishunganj P.S. Case No. 23 of 2010 Gr.
2
No.278 of 2010 above named petitioners shall 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 J.M.,
Madhepura subject to the conditions as laid down under Section
438(2) of Cr. P.C.
shail (Mandhata Singh, J.)