Manoj Pandey @ Hanuman Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15735 of 2020 Arising Out of PS. Case No.-126 Year-2019 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== 1.

MANOJ PANDEY @ HANUMAN PANDEY S/o Badri Pandey R/o villageGiviya, P.S.- Durgawati, District- Kaimur (Bhabua) 2.

Raju Kumar Singh S/o Umesh Singh R/o village- Giviya, P.S.- Durgawati, District- Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar Sharma For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 447, 323, 341, 324, 504, 506, 325, 307 and 34 of the Indian Penal Code.

The prosecution case in short is that the accused persons in drunken state created chaos and when the informant protested, he was assaulted by them due to which he sustained

Patna High Court CR. MISC. No.15735 of 2020(4) dt.09-09-2020 2/2 injuries.

It has been submitted on behalf of the petitioner that the petitioners are in custody since 12.12.2019 and petitioner no. 2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Chargesheet has been submitted in the present case. As per the F.I.R., the petitioners are said to have assaulted the informant. The injury caused by the petitioners are the injury no. 2 and injury no. 3 and the said injuries are simple in nature. Hence, no offence under section 307 IPC is made out. The alleged occurrence is said to have taken place due to land dispute. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Durgawati P.S. Case No. 126/2019. (Sudhir Singh, J) Pankaj/- U T