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Patna High Court - Orders

Ramotar Bind @ Ramatar Bind vs The State Of Bihar on 14 November, 2019

Author: Prabhat Kumar Jha

Bench: Prabhat Kumar Jha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69017 of 2019
                       Arising Out of PS. Case No.-86 Year-2019 Thana- TELHARA District- Nalanda
                 ======================================================
           1.     Ramotar Bind @ Ramatar Bind, Aged about 55 years, Male, Son of
                  Mahendra Bind, Resident of Village Dharam Bigha, P.S. Telhara, District
                  Nalanda.
           2.    Rahul Kumar, Aged about 28 years, Male, Son of Ramotar Bind, Resident of
                 Village Dharam Bigha, P.S. Telhara, District Nalanda.
           3.    Laldeo Bind @ Laldeo, Aged about 40 years, Male, Son of Parsuram
                 Jamadar, Resident of Village Dharam Bigha, P.S. Telhara, District Nalanda.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajeev Kumar
                 For the Opposite Party/s :       Mr.Nawal Kishore Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
                                       ORAL ORDER

2   14-11-2019

Heard both sides.

The petitioners apprehend their arrest in Telhara P.S. Case No.86 of 2019, registered under Sections 147, 149, 341, 323, 307, 354, 379, 504 and 506 of the Indian Penal Code.

The informant Sheo Narayan Yadav named nine persons including the three petitioners and alleged that his grandson was grazing his she-buffalo and the she-buffalo entered in the sugarcane field of Krishna Bind. Krishna Bind forbid the grandson of the informant and chased to assault. For that occurrence, all the accused persons having armed with different weapons came and began to abuse the informant. Ramotar Bind, the petitioner no.1 assaulted the informant with lathi on his head. Laldeo Bind, petitioner no.3 Patna High Court CR. MISC. No.69017 of 2019(2) dt.14-11-2019 2/2 assaulted Asha Devi, the wife of the informant causing blood oozing injury on her head.

Learned counsel for the petitioners submits that there is a counter version being Telhara P.S. Case No.87 of 2019. The occurrence took place due to grazing of buffalo and the injuries found on the persons of the informant and the wife of the informant are simple in nature caused by hard and blunt object.

It appears that both sides were engaged in mutual assault on each other on account of grazing of she-buffalo but the injuries found on the persons of the informant and his wife are simple in nature.

Considering the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged 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 the learned Judicial Magistrate, 1 st Class, Hilsa, Nalanda in connection with Telhara P.S. Case No.86 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.KUMAR/-

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