Pramod Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40925 of 2021 Arising Out of PS. Case No.-553 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== Pramod Sahni Son of Rajindra Sahni Resident of Mohalla- Sanhauli, Ward No.12, P.S.- Chitragupta Nagar, District- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 06-06-2022 Let the defects, if any, be removed within four weeks from today.
Heard Mr. Ranjit Kumar, learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Khagaria (Chitragupta Nagar) P.S.Case No. 553 of 2020 registered for the offences punishable under Sections 341, 323, 504,307 of the Indian Penal Code.
As per prosecution case, it is alleged that on 03.08.2020, while the informant was sitting in his house, in the meantime his elder brother namely, Pramod Sahni came there and started abusing him and assaulted with tone on his head from backside, as a result of which he sustained injury. It is
2/4 further alleged that earlier his brother had also tried to kill him and his family members.
At the outset, learned counsel for the petitioners submits at the bar that as per his information till date the process under Sections 82/83 of the Cr.P.C have not been issued. It is submitted by the learned counsel for the petitioner that informant and accused petitioner are full brother and there is land dispute between both the brothers and due to which some scuffle had taken place but there had never been any intention on the part of the petitioner to cause any injury. It is next submitted that even the injury report reveals that the injured brother has sustained simple injury and further there is no repetition of assault which shows the intention of the petitioner. It is lastly submitted that this petitioner has no criminal antecedent and is ready to co-operate in the investigation as well as conclusion of the trial. On the other hand, learned APP for the State opposes the bail application of the petitioners and submits that there is specific allegation against the petitioner that he assaulted his own brother.
Having considered the submissions made on behalf of the parties and taking into consideration the fact that petitioner
3/4 and informant are full brothers and admittedly, there is a land dispute which resultant into scuffle between both the parties and injuries have been found to be simple in nature, apart from the fact that petitioner has clean antecedent, let the petitioner above named, be released on bail, in the event of his arrest or surrender before the court below within eight weeks from today, on furnishing bail bonds of Rs. 10,000/- ( Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria( Chitragupta Nagar) P.S.Case No. 553 of 2020 subject to the conditions as laid down under Section 438(2) of the code of Criminal Procedure with the following conditions:- (I) One of the bailors should be the close relatives of the petitioner.
(ii) The petitioner will cooperate in the investigation as well as in conclusion of the trial.
(iii) He will not try to tamper with the evidence or intimidate the witnesses in course of investigation or during the course of trial.
(Harish Kumar, J.) N.K/- U T
4/4