Sudama Pandit @ Sudam Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15946 of 2020 Arising Out of PS. Case No.-116 Year-2019 Thana- SONO District- Jamui ====================================================== 1.
SUDAMA PANDIT @ SUDAM PANDIT Son of Suresh Pandit Resident of Village - Chhatakaram, P.S.- Charkapathar, Distt - Jamui. 2.
Arun Pandit Son of Suresh Pandit Resident of Village - Chhatakaram, P.S.- Charkapathar, Distt - Jamui.
3.
Sunjeet Pandit @ Sanjeet Pandit Son of Suresh Pandit Resident of Village - Chhatakaram, P.S.- Charkapathar, Distt - Jamui. 4.
Suresh Pandit Son of Muso Pandit Resident of Village - Chhatakaram, P.S.- Charkapathar, Distt - Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Prasad, Advocate For the Opposite Party/s :
Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioners apprehend their arrest in Sono (Charkapathar) P.S. Case No. 116 of 2019, registered for the offences punishable under Sections 341, 323, 307, 504, 379 and 34 of the Indian Penal Code.
Prosecution case in brief is that all the accused
Patna High Court CR. MISC. No.15946 of 2020(2) dt.14-07-2020 2/3 persons were keeping soil on the land of informant and when the informant objected, scuffle took place. Petitioner no. 1 assaulted with Farsa on the head of informant. Petitioner no. 2 assaulted with sword on the leg of informant. Petitioner no. 3 and 4 assaulted by Farsa and Tangi on the head of Subhash Rai. It is submitted that petitioners have been falsely implicated in this case. FIR has been lodged after two days of the occurrence for which no reason has been given. All the injuries found simple in nature, except the injury no. 1 of Subhash Rai which is found on right palm. No offence under Section 307 is made out. After investigation chargesheet has been submitted under Section 341, 323, 447, 325, 504 and 34 of the IPC, but differing with the same, cognizance has been taken under Sections 447, 341, 323, 324, 307, 504 and 34 of IPC. Petitioners have got clean antecedent.
Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial
Patna High Court CR. MISC. No.15946 of 2020(2) dt.14-07-2020 3/3 Magistrate Ist, Jamui in connection with Sono (Charkapathat) P.S. Case No. 116 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T