Janeshwar Pandey And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34611 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -SURYAPURA District- SASARAM (ROHTAS) ======================================================
1. Janeshwar Pandey,
2. Komal Panday Both are the Sons of Late Badur Pandey,
3. Muna Pandey
4. Pintu Panndey Both are the Sons of Janeshwar Pandey, All are the R/o Village- Agrer Khurd, P.S.- Suryapura, District- Rohtas. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Adv. For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-08-2017 Heard both sides.
The petitioners apprehend their arrest in Suryapura P.S. Case No. 04/2017, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code and section 27 of the Arms Act.
The informant Babban Pandey named five persons including the four petitioners and alleged that all the accused persons entered into his house and Chuman Pandey fired which hit on the hand of his wife.
Learned counsel for the petitioners submits that there is counter version being Suryapura P.S. Case No. 05/2017,
Patna High Court Cr.Misc. No.34611 of 2017 (3) dt.10-08-2017 2/2 Chuman Pandey son of petitioner no. 1 is the informant of the case. The informant made specific allegation against Chuman Pandey that he fired at his wife. Chuman Pandey is not the petitioner in this case and there is no allegation of assault against the petitioners, no other person was injured. Wife of the informant got only one injury which was caused by fire arm.
Considering the facts aforesaid and the fact that on account of land dispute there is case and counter case and there is no allegation of assault against the petitioners and the injured got one injury caused by fire arm which is attributed to Chuman Pandey, 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 Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Suryapura P.S. Case No. P.S. Case No. 04/2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Jha, J.) Vinita/- U T