Shambhu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6769 of 2023 Arising Out of PS. Case No.-409 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== 1.

Shambhu Das S/O Late Panalal Das R/O Village- Dhan Kharai, P.S.- Harsidhi, Distt- E. Champaran.

2.

Tuntun Das S/O Late Panalal Das R/O Village- Dhan Kharai, P.S.- Harsidhi, Distt- E. Champaran.

3.

Dharmendra Kumar S/O Tuntun Das R/O Village- Dhan Kharai, P.S.- Harsidhi, Distt- E. Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Harsidhi P.S. Case No. 409 of 2019 registered for the offences punishable under Sections 341, 323, 324, 308 and 504/34 of the Indian Penal Code.

As per the FIR, petitioners along with other accused persons in furtherance of common intention assaulted the informant and her son Dilip Kumar by means spade blow. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in this case. Both the

Patna High Court CR. MISC. No.6769 of 2023(2) dt.08-05-2023 2/2 parties are Pattidars and there is admitted land dispute. The injury sustained by the injured caused by hard and blunt substance and one of the injury is grievous in nature. Both the parties has filed compromise petitioner which is annexed as Annexure-3 to the petition. It is further submitted that petitioners have clean antecedents as stated in para-3 of this application.

Considering this fact that there is no specific overt act attributed against the petitioners as well as submission of the parties, let the above named petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in Harsidhi P.S. Case No. 409 pf 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T