Ashok Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17669 of 2019 Arising Out of PS. Case No.-234 Year-2018 Thana- BELHAR District- Banka * ====================================================== 1.

Ashok Pandit, Son of Indradev Pandit 2.

Rohit Pandit, Son of Indradev Pandit Both are R/o village- Matihani, P.S.- Belhar, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-03-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Belhar Police Station Case No. 234 of 2018, disclosing offences punishable under Sections 341, 323, 308, 504/34 of the Indian Penal Code.

As per the First Information Report, the petitioners attempted to assault the informant with sword but somehow or the other managed to escape the attempt. The informant, however, received a minor injury caused with the tip of sword. It is apparent from the First Information Report that there was some dispute between the informant's side and the persons named in the First Information Report over demarcation of their agricultural lands. There is another case said to have been

Patna High Court CR. MISC. No.17669 of 2019(2) dt.26-03-2019 2/2 registered for the same occurrence on the basis of counter version.

Learned counsel for the petitioners submits that the injury has been found to be simple in nature. In view of the submission, as above, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the Court below within six weeks, be released 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 Chief Judicial Magistrate, Banka in connection with Belhar Police Station Case No. 234 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Ashish/- U T