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Judgment
Jitendra Mohan Sharma, J.—Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Kahalgaon (Shivnarayanpur) P.S. Case no. 73 of 2014 for the offences punishable under Sections 341, 323, 324, 379, 448 and 307/34 of the Indian Penal Code.
Allegedly, the petitioners entered into the house of the informant and asked him not to boil the paddy and when the informant refused then the petitioners assaulted him with Bhala, lathi etc. causing injuries on vital part and further the father of the informant was also assaulted.
Learned counsel for the petitioners seeks privilege of pre arrest bail of the petitioners pleading their innocence, false implication and submitting that the injuries are simple in nature, vide Annexure 2 series. For passage the dispute started and no offence u/s. 307 is made out and these are their defence.
Learned A.P.P. fairly concedes that the injuries are simple in nature caused by hard blunt substance.
Considering the submission made at the Bar, going through the FIR and record and noticing Annexure 2 series that the injuries are simple injuries caused by hard blunt object, the petitioners, namely, Pawan Mandal, Pintu Mandal and Pankaj Mandal, surrender within one month or arrest, they shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur, in Kahalgaon (Shivnarayanpur) P.S. Case no. 73 of 2014, subject to the conditions as laid down u/s. 438(2) Cr.P.C.