Ganesh Bind @ Ganeshi Vind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8103 of 2024 Arising Out of PS. Case No.-111 Year-2023 Thana- SIGAUDI District- Patna ====================================================== Ganesh Bind @ Ganeshi Vind Son of Babuchand Bind R/o vill - Makhdumpur Dhokhara, P.S. - Sigori, Distt. - Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Sinha, Adv.
For the Opposite Party/s :
Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Sigori P.S. Case No. 111 of 2023 dated 11.07.2023 registered for the offences punishable u/ss 341, 323, 354, 307, 324, 504, 427 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, due to family property dispute, the petitioner (bhaisur of the informant) hit the head of the informant's husband with sharp cutting weapon with intent to kill him, due to which, the informant's husband got wounded with pool of blood and fell down on the ground. It is further alleged that when the informant tried to save her husband then
Patna High Court CR. MISC. No.8103 of 2024(2) dt.04-03-2024 2/3 the co-accused, Reena Devi assaulted her and her younger gotni and in course of assault, they broke the household articles.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner and the injured Chhote Lal Bind are full brother and the land dispute is admitted between them. Learned counsel has further submitted that the matter has been compromised between the parties and a joint compromise petition has been filed before learned court below stating that the informant and the witnesses including injured does not want to proceed the case as stated in para 10 of the bail petition. The injury of the injured Chhotelal Bind, the doctor has found injuries 3cm X 0.5 cm X 0.25 cm deep incised larking wound on parietal region of scalp and diffuse swelling measuring 3cm X 3cm on left arm. The opinion of nature of injury kept reserved due to pending Xray report. As per the F.I.R. there was no repetition of blow and the petitioner has no intention to kill the informant's husband. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
Patna High Court CR. MISC. No.8103 of 2024(2) dt.04-03-2024 3/3
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Danapur, Patna in connection with Sigori P.S. Case No. 111 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T