IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.16636 of 2011
Sushil Chaudhary, S/O-Jamun Chaudhary
Versus
The State Of Bihar
with
Cr.Misc. No.18952 of 2011
Sanjay Chaudhary, S/O-Jamun Choudhary
Versus
The State Of Bihar
-----------
3 03.11.2011 Both the above stated petitions arise out of Mahnar P.S.
Case No. 79 of 2010 registered under Sections 323, 302/34 of the
Indian Penal Code and accordingly, both the above stated petitions are
being disposed of by this common order.
Heard learned counsel for the petitioners, learned
Additional Public Prosecutor for the State as well as learned counsel
appearing for the informant.
Allegedly, on account of land dispute petitioner in Cr.
Misc. No. 18952 of 2011 gave one spade blow on the head of the
deceased as a result of which deceased died on the spot.
Learned counsel appearing in Cr. Misc. No. 16636 of
2011 submits that no specific overt-act has been attributed against the
petitioner Sushil Chaudhary.
Learned counsel appearing in Cr. Misc. No. 18952 of
2011 submits that admittedly, the alleged occurrence took place on
account of land dispute and, as a matter of fact, there was no intention
of the petitioner to kill the deceased and furthermore, the post-mortem
report reveals that deceased had sustained injury on his head said to be
caused by hard and blunt substance and not by the spade and
2
moreover, petitioner is in jail custody since 16.07.2010 i.e. for more
than one year.
Considering the aforesaid facts and circumstances as
well as submissions of the parties, let the petitioners be released on
bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each
with two sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Vaishali at Hajipur in connection with Mahnar
P.S. Case No. 79 of 2010.
SHAHZAD ( Hemant Kumar Srivastava, J.)