Oral order granting bail to two petitioners facing criminal charges arising from a violent land dispute. The court directed release upon furnishing a bail bond and sureties.
Directing petitioners to be released on bail by furnishing bail bond of Rs. 10,000 each with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.43378 of 2013 (3) dt.02-04-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43378 of 2013 ====================================================== Harilal Mukhiya, Son of Ram Chandra Mukhiya, Resident of Village - Pipara Kutti, P.S. - Valmiki Nagar, District - West Champaran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.52988 of 2013 ====================================================== Kamlawati Devi, W/O Santosh Mukhiya, Resident of Village- Nadda, P.S.Bhairoganj, District- West Champaran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 02-04-2014 Heard learned counsel for the petitioners and the learned A.P.P. for the State. Both applications are related to Valmiki Nagar P.S. Case No. 27 of 2013 registered under Sections 147, 148, 149, 323, 324, 307, 504 and 302 of the Indian Penal Code, hence both applications are heard together and are being disposed of by common order. The allegation is that due to land dispute seven persons including the petitioners surrounded the informant, Kishore Mukhiya and his family members and started to cause
Patna High Court Cr.Misc. No.43378 of 2013 (3) dt.02-04-2014
assault through Lathi, Khanti and Bakua, in which the informant sustained head injury, his wife also sustained head and body injury and his brother, Bikrama Mukhiaya, also sustained eye and forehead injury. Bikrama Mukhiya, brother of informant, died in course of treatment.
Learned counsel for the petitioners submits that, in fact, occurrence took place due to land dispute in which defence party also sustained injury regarding which Valmiki Nagar P.S. Case No. 28 of 2013 was instituted under Sections 323, 341 and 504/34 of the Indian Penal Code. It is further submitted that it would appear from the F.I.R. that there is general and omnibus allegation against the petitioners and others named in the F.I.R. to cause injury to the deceased but only two injures, i.e., diffuse swelling around left eye and abrasion diffuse swelling around left frontal region 1/2” X 1/2”X superficial were found on the persons of the deceased and the injuries found on the informant and others are simple in nature. It is further submitted that petitioners are in custody since June, 2013.
Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction
Patna High Court Cr.Misc. No.43378 of 2013 (3) dt.02-04-2014
of the Additional Chief Judicial Magistrate, Bagaha (West Champaran) in connection with Valmiki Nagar P.S. Case No. 27 of 2013.
Bhardwaj/-
(Rajendra Kumar Mishra, J)
1 issue framed by the court
Whether bail should be granted to petitioners held in custody facing charges of assault, murder attempt, and grievous hurt arising from a land dispute.
1 provisions across 1 enactments
Harilal Mukhiya
Kamlawati Devi
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
