Pancha Nand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15933 of 2021 Arising Out of PS. Case No.-67 Year-2018 Thana- SIKTI District- Araria ====================================================== 1.

Pancha Nand Singh Son of Nidanand Singh Resident of Village- Chardharya Bandaha, Ward No.12, Police Station- Bardaha (O.P.), District- Araria. 2.

Rajanand Singh Son of Pancha Nand Singh Resident of VillageChandhariya, Bandaha, Ward No.12, Police Station- Bardaha (O.P.), District- Araria.

3.

Gayanand Singh Son of Pancha Nand Singh Resident of VillageChandhariya, Bandaha, Ward No.12, Police Station- Bardaha (O.P.), District- Araria.

4.

Chandrama Devi W/o Gayanand Singh Resident of Village- Chandhariya, Bandaha, Ward No.12, Police Station- Bardaha (O.P.), District- Araria. 5.

Renu Devi W/o Rajanand Singh Resident of Village- Chandhariya, Bandaha, Ward No.12, Police Station- Bardaha (O.P.), District- Araria. 6.

Nemanti Devi Wife of Pancha Nand Singh Resident of VillageChandhariya, Bandaha, Ward No.12, Police Station- Bardaha (O.P.), District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Nand Poddar, Adv.

For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-01-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State through the virtual court proceeding.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case

Patna High Court CR. MISC. No.15933 of 2021(2) dt.13-01-2022 2/3 registered for the offence punishable under Sections 147, 149, 323, 325, 379, 354B, 504 of the Indian Penal Code. As per FIR, while the informant was filling earth in his land, petitioners came there and started abusing and assaulting him. Gayanand Singh assaulted the informant with spade on his head as a result of which informant fell down and when the wife of the informant came there in order rescue the informant, Rabilal Mandal pulled her down and tore her clothes as a result, she became half naked. Chandrama Devi and Rina Devi took away silver chain and golden ear right from the wife of the informant.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that informant is next door neighbour as well as Gotia of each other. He submits that injuries found upon the victim are simple in nature. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioners in the event of their arrest or

Patna High Court CR. MISC. No.15933 of 2021(2) dt.13-01-2022 3/3 surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sikty P.S. Case No. 67 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T