Sanjay Pandit And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54533 of 2015 Arising Out of PS.Case No. -167 Year- 2015 Thana -LAXMIPUR District- JAMUI ======================================================

1. Sanjay Pandit, son of Late Saryu Pandit

2. Dinesh Pandit, son of Late Saryu Pandit

3. Toni Pandit, son of Late Birju Pandit

4. Shankar Pandit, son of Late Raju Pandit

5. Nandan Pandit, son of Shankar Pandit

6. Madan Pandit, son of Shankar Pandit

7. Ghutar Pandit, son of Shankar Pandit

8. Arbind Pandit, son of Late Birju Pandit

9. Munna Pandit, son of Shankar Pandit All are resident of VillageChinberia, P.S.- Laxmipur, District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-12-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 323,307,380,354 and 504/34 of the Indian Penal Code. The prosecution case is that co accused Bisundeo Pandit and petitioner Ghutar Pandit were sowing the land of the informant on protest being made, both the accused threatened the informant, went to their house and after being variously armed came and assaulted. Co accused Bisundeo Pandit assaulted with

Patna High Court Cr.Misc. No.54533 of 2015 (2) dt.02-12-2015 2/3 farsa to Anandi Pandit, as a result he sustained injury and fell down. Co accused Girish Pandit assaulted Lalan Pandit on head with axe, Mahesh Pandit assaulted with knife to Sukhdeo Pandit whereas others assaulted the family members of the informant. The accused persons entered into the house of the informant and outraged the modesty of family members and took away house hold articles.

It is submitted by the learned counsel for the petitioners that in the background of land dispute the accusation has been levelled. Specific accusation is against co accused Bisundeo, Mahesh and Girish and not against the petitioners. It is further submitted that only the injury of Anandi which is alleged to have been caused by co accused Bisundeo has been found grievous. The petitioners side also sustained injury and at earlier point of time the petitioners side lodged Sanaha. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.54533 of 2015 (2) dt.02-12-2015 3/3 satisfaction of learned SDJM, Jamui in connection with Laxmipur P.S. Case No. 167 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T