Dharnidhar Pandey And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18280 of 2017 Arising Out of PS.Case No. -31 Year- 2017 Thana -NABINAGAR District- AURANGABAD ======================================================
1. Dharnidhar Pandey s/o Late Ram Naresh Pandey r/v- Naur, P.S. - Nabinagar, District - Aurangabad
2. Ravindra Dubey s/o Madan Dubey r/v- Banpurwa, P.S. - Garhwa, District - Aurangabad
3. Sonu Shukla s/o Ramesh Shukla r/v- Singura P.S. Daltanganj District - Palamu (Jharkhand) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamlendra Pd. Singh, Adv. For the Opposite Party/s : Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2017 Heard both sides.
The petitioners apprehend their arrest in Nabinagar P.S. Case No. 31/2017, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. The informant Kaushal Kishore Pandey alleged that while he was sitting along with his wife and son the younger brother Dharnidhar Pandey petitioner no. 1, Ravindra Dubey petitioner no. 2 and Sonu Shukla petitioner no. 3 started sprinkling Kerosene Oil and on protest they assaulted the informant. Learned counsel for the petitioners submits that Nabinagar P.S. Case No. 30/2017 is registered on the basis of fardbeyan of Phul Devi wife of Dharnidhar Pandey petitioner no. 1
Patna High Court Cr.Misc. No.18280 of 2017 (3) dt.10-07-2017 2/2 against the informant and family members. There is land dispute between the two brothers, one of the brothers of the petitioner and the informant died issueless and the informant wanted to grab land of his share. The injuries found on the persons of the informant Kaushal Kishore Pandey and Uday Kumar Pandey are simple in nature caused by hard and blunt object.
Considering the facts aforesaid and the fact that on account of land dispute both the brothers entered into scuffle and mutual assault was made in which simple injuries were caused, the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four 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 Chief Judicial Magistrate, Aurangabad in connection with Nabinagar P.S. Case No. 31/2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T