Kundan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8505 of 2022 Arising Out of PS. Case No.-216 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== 1.

Kundan Pandit Son Of Deeplal Pandit Resident Of Village- Kritpur Mathiya, Police Station- Harsidhi, District- East Champaran 2.

Nageshwar Pandit Son Of Deeplal Pandit Resident Of Village- Kritpur Mathiya, Police Station- Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the State :

Mr.Madhura Nand Jha For the Informant :

Mr. Pankaj Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 147, 148, 149, 307, 504, 354, 34 of the Indian Penal Code.

It is a case of assault due to which the informant and others sustained injuries. It is specifically alleged against petitioner No. 1 that he assaulted with bhala to the informant whereas petitioner No. 2 is

Patna High Court CR. MISC. No.8505 of 2022(3) dt.31-08-2022 2/3 alleged to have assaulted to the son of the informant by farsa.

It is submitted by learned counsel for the petitioners that petitioners and informants are agnates and in the background of some partition dispute, the present accusation has been levelled. There is no accusation of repeating the blow. It is also submitted that except one, all the injuries of the informant have been found to be simple in nature.

Learned A.P.P for the State and learned informant after perusal of the case diary and the injury report has vehemently opposed the prayer for anticipatory bail of the petitioners and submitted that there is specific allegation against the petitioners to have assaulted the informant as well as his son due to which they sustain injuries on vital part.

In the facts and circumstance of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioners.

Patna High Court CR. MISC. No.8505 of 2022(3) dt.31-08-2022 3/3 Accordingly, the prayer for grant of anticipatory bail to the petitioners stands rejected.

The petitioners are directed to surrender before learned Court below and prayer for regular bail. The learned Court below may consider the regular bail of the petitioners, keeping in view the facts mentioned above , in accordance with law and without being prejudiced by the order of this Court.

(Sunil Kumar Panwar, J) Shageer/- U T