Upendra Pandit And ORS v. The State Of Bihar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3765 of 2019 Arising Out of PS. Case No.-286 Year-2018 Thana- MAJORGANJ District- Sitamarhi ======================================================

1. Upendra Pandit.

2. Bhagya Narain Pandit, Both are sons of Late Khaheru Pandit.

3. Ram Ayodhi Pandit, Son of Upendra Pandit.

4. Vijay Pandit.

5. Sanjay Pandit, Both are sons of Bhagya Narain Pandit.

6. Sachin Kumar, Son of Upendra Pandit.

7. Nagina Baitha @ Nagina Devi, Wife of Upendra Pandit.

8. Laxminia Devi, Wife of Bhagya Narain Pandit.

9. Babita Kumari, Wife of Bhagya Narain Pandit.

10. Sangita Devi, Wife of Vijay Pandit.

11. Kiran Devi, Wife of Ayodhi Pandit.

All are residents of Village Khairwa, Tole Khap, P.S. Majorganj, District Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-01-2019 Heard both sides.

Petitioners apprehend their arrest in Majorganj P.S. Case No.286 of 2018 registered under Sections 308, 379 and other minor sections of the Indian Penal Code.

The informant, Ram Pravesh Pandit, alleged that while he was sitting on his Darwaza, the petitioners having armed with different weapons came, abused and assaulted the informant and other family members of the informant. The informant further alleged that Upendra Pandit, petitioner no.1, assaulted him with iron rod on his head. Ram Ayodhi Pandit gave blow with sword on his neck but he warded of the blow. The accused persons looted

Patna High Court Cr.Misc. No.3765 of 2019(2) dt.28-01-2019 2/2 away different articles from his house.

Learned counsel for the petitioners submits that Majorganj P.S. Case No.285 of 2018 was registered prior to institution of the present case on the fardbeyan of Upendra Pandit, petitioner no.1. There is case and counter case between both sides on account of land dispute and the injuries found on the person of the informant are superficial in nature.

Having considered the facts that there appears that both sides entered into mutual assault on each other and they got injuries, which are simple in nature, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Majorganj P.S. Case No.286 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Prabhat Kumar Jha, J) S.KUMAR/- U T