Respondent applied for regular bail in an FIR involving offences under IPC Sections 147, 148, etc. Petitioners argued injuries were simple. The application was disposed of, granting bail upon surrender within six weeks.
6th Fourty application stood disposed of upon the condition that petitioners surrender within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38734 of 2015
Arising Out of PS.Case No. -126 Year- 2015 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI)
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Anil Pd.Singh(App)
====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
3 08-10-2015 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 325, 307, 341, 504, 447 of the Indian Penal Code.
The prosecution case is that petitioner No. 1 Hari Charan Paswan ordered and assaulted the informant by iron rod on his head when the son of the informant Raj Kishore Paswan came to rescue then he was also assaulted who received fracture injury on his elbow. It is further alleged that witness Pargan Paswan also received fracture injury.
It is submitted by learned counsel for the petitioners that injuries caused by the petitioners to the informant have been found to be simple in nature. A
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supplementary affidavit has been filed to the effect that son of the informant did not receive any injury. There is counter version of the occurrence also and petitioners’ side also received injuries.
The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioners surrender within a period of six weeks in connection with Chiraiya P.S. Case No. 126 of 2015, pending in the Court of learned Judicial Magistrate, Sikrahana at Motihari, East Champaran.
With the observations above, the application stands disposed off.
(Dinesh Kumar Singh, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioners are entitled to regular bail on submission of a supplementary affidavit and surrender within six weeks?
Hari Charan Paswan and Others
State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
