Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20434 of 2012 ====================================================== 1. Manoj Sah S/O Late Bhutki Sah, Resident of Village- Khaira, P.S- Amarpur, District-Banka. 2. Ranjit Sah S/O Sahdeo Sah, R/O Village- Narayanpur, P.S- Bihpur, District- Banka. .... .... Petitioners. Versus 1. The State of Bihar .... .... Opposite Party ====================================================== PRESENT: HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 3 06-06-2012 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are accused for offences punishable under [STATUTE] . Learned counsel for the petitioners submits that the allegation against petitioner no.1 is that he had assaulted the informant, his brother and father, whereas allegation against petitioner no.2 is that he assaulted the brother of the informant. Learned counsel for the petitioners further submits that the injury reports (Annexure-2 series) show that the injuries upon the informant were simple in nature caused by hard and blunt substance, whereas injuries upon the informant’s brother are all simple in nature, whereas there was no injury on the father Patna High Court Cr.Misc. No.20434 of 2012 (3) dt.06-06-2012 2 / 2 2 of the informant. Learned counsel for the petitioners also avers that the entire allegation is absolutely frivolous and the petitioners have been implicated due to village politics. Learned counsel for the petitioners further contends that the petitioners have got no criminal antecedents, except a proceeding under Section 107 of the Code of Criminal Procedure. In the aforesaid facts and circumstances, this petition is allowed. Let petitioners above named be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No.227 of 2011. Sunil/- (S.N. Hussain, J)

Applicable IPC Section: 448

Statute Text:
Section 448 of the Indian Penal Code. House-trespass. Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.