Ashok Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10039 of 2015 Arising Out of PS.Case No. -468 Year- 2014 Thana -SUPAUL District- SUPAUL ====================================================== Ashok Pandit S/o Subuklal Pandit Resident of Village Sonak, Ward No. 6, P.S. Supaul, District Supaul.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Md.Aslam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 19-03-2015 Heard learned counsels for the petitioner and the State.
The petitioner is languishing in custody since 08.01.2015 in a case registered for the offences punishable under Sections 323, 324, 341, 504 and 307/34 of the Indian Penal Code. It is alleged that the petitioner in the background of partition dispute pierced spear in the chest of his brother.
It is submitted by learned counsel for the petitioner that, in fact, the victim fell on a pointed bamboo stick as a result injury was caused and in the background of partition dispute the accusation has been levelled. Though, the injury has been found to be grievous. It is further submitted by learned counsel for the petitioner that even as per the accusation
Patna High Court Cr.Misc. No.10039 of 2015 (02) dt.19-03-2015 2/2 there is no allegation of repeating the blow, hence, the case does not come within the purview of section 307 of the IPC. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 468 of 2014. (Dinesh Kumar Singh, J) DKS/- U T