Upendra Jamadar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19165 of 2021 Arising Out of PS. Case No.-206 Year-2020 Thana- TELHARA District- Nalanda ====================================================== Upendra Jamadar Son of Bigan Jamadar Resident of Village- Mansingpur, Police Station- Telhara, District- Nalanda.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh For the Opposite Party/s :
Mr. A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 354, 379, 504/34 of the Indian Penal Code.
The prosecution case as per F.I.R is that when
Patna High Court CR. MISC. No.19165 of 2021(2) dt.15-12-2021 2/3 the informant was sitting in his house, all the accused persons including the petitioner came at the door of the informant and started abusing him. It is alleged that this petitioner assaulted the informant on his head with khanti and when the wife of the informant came to his rescue, then all the accused persons assaulted her with khanti and iron rod, as a result of which, she received head injury. This petitioner also snatched five thousands rupees from the pocket of the informant.
It is submitted by learned counsel for the petitioner that both the petitioner and the informant are next door neighbour and for a petty dispute, the present accusation has been levelled where the petitioner's side has also received injuries. The injury report of the wife of the informant has been brought on record as Annexure-2 which although shows the injuries to be grievous in nature but the injury has been caused on the right hand and fracture phalrm of index finger right hand which is not a vital part. It is further submitted that the
Patna High Court CR. MISC. No.19165 of 2021(2) dt.15-12-2021 3/3 injury sustained by the informant is simple in nature. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Telhara P.S. Case No. 206 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shageer/- U T