Madhusudan Panjiyara @ Masudan Panjiyara And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52859 of 2018 Arising Out of PS.Case No. -20 Year- 2018 Thana -PANJWARA District- BANKA ======================================================

1. Madhusudan Panjiyara @ Masudan Panjiyara.

2. Prakash Panjiyara.

3. Naresh Panjiyara. All sons of Late Karu Panjiyara @ Late Jharu Panjiyara, All resident of Village- Kachmachiya Kachari, Police Station- Panjawara, District- Banka.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ajay Mukherjee, Advocate. For the Opposite Party : Mr. Ramchandra Sahani, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 341, 323, 379, 504, 506 and 327/34 of the IPC.

The prosecution story, in brief, is that the petitioners alongwith other co-accused persons were cutting mango tree of the informant and on objection, they abused and assaulted him by fists and slaps and further Madhusudan Panjiyara ordered to kill and to bury beneath this tree upon which he fled away inside his house then they entered into his house alongwith Lathi, Danda and Iron Khanti in their hands and assaulted by fists and slaps and coaccused Raju Panjiyara took out Rs. 5,000/- from his pockets and

Patna High Court Cr.Misc. No.52859 of 2018 (2) dt.20-09-2018 2/2 his wife intervened, they abused her and the petitioner Prakash Panjiyara snatched her golden chain.

It has been submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case due to previous enmity. There is no allegation of tampering with the witnesses alleged against the petitioners. A title suit is also pending between the parties. For the said reason, the present case has been instituted against the petitioners and their family members.

On behalf of the learned counsel for 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, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Banka, in connection with Panjawara P.S. Case No. 20/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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