Ramadhar Pandey And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21508 of 2017 Arising Out of PS.Case No. -215 Year- 2016 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ======================================================

1. Ramadhar Pandey, son of Late Kishun Chand Pandey,

2. Nitesh Kumar @ Nitesh Pandey, son of Sailesh @ Shemelesh Pandey, Both residents of Village- Badkagaon, Rakasiya, P.S.- Bikramganj, District- Rohtas.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sada Nand Roy, Advocate. For the Opposite Party : Smt. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Bikramganj P.S. Case No. 215 of 2016 for the offences instituted under Sections 341, 323, 307 and 504/34 of the IPC.

The prosecution story, in brief, is that the land was participated between the parties and he had sold the land of his share and on which the accused persons made protest due to which an altercation was taken place in the morning at around 6.00 A.M. on 18.11.2016 and on the land located towards south the accused petitioners arrived and abused and assaulted. In the meantime, Shailesh Pandey assaulted him by means of Rama due to which his head was fractured. Nitesh Pandey assaulted him by means of

Patna High Court Cr.Misc. No.21508 of 2017 (2) dt.24-05-2017 2/2 lathi.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case. The alleged occurrence is said to have taken place due to partition of property in the family. The nature of injury is said to be simple. No specific injury is attributed against the petitioners. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Bikramganj P.S. Case No. 215/2016 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 A.C.J.M., Bikramganj, Rohtas, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T