Vishnu Shankar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32273 of 2020 Arising Out of PS. Case No.-72 Year-2020 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.

VISHNU SHANKAR PANDEY Son of Late Harihar Pandey Resident of Village- Ramobariya, P.S.- Buxar (Industrial), District- Buxar. 2.

Manoj Pandey Son of Vishnu Shankar Pandey Resident of VillageRamobariya, P.S.- Buxar (Industrial), District- Buxar. 3.

Satyanarayan Pandey Son of Vishnu Shankar Pandey Resident of VillageRamobariya, P.S.- Buxar (Industrial), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Deo Singh Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-12-2020 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Buxar (Industrial) P.S. Case No. 72 of 2020, disclosing offences punishable under Sections 341,323,307,504,506/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner Nos. 2 and 3 are sons of petitioner No.1.

It is evident from the First Information Report that in the background of land dispute, the occurrence had taken place. Allegedly, the petitioners had assaulted the informant's side variously. It is the case of the petitioners, on the other hand, that

Patna High Court CR. MISC. No.32273 of 2020(2) dt.07-12-2020 2/2 a counter case has been registered in respect of the same occurrence as Buxar (Inds.) P.S. Case No. 73 of 2020. It has been asserted that there was free fight in which both the sides sustained injuries.

Mr. Vikram Deo Singh, learned counsel appearing on behalf of the petitioners has submitted that the petitioner No.1 has succumbed to the injury sustained by him in the said occurrence.

In view of the statement made on behalf of the petitioners, this application to the extent it relates to petitioner No.1 has become infructuous.

Considering the fact that the land dispute was the reason in the background of the alleged occurrence in respect of which a counter case has also been registered, this application is allowed.

Let petitioner Nos. 2 and 3 above-named, be released 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 the learned Chief Judicial Magistrate, Buxar in Buxar (Industrial) P.S. case No. 72 of 2020.

arun/- (Chakradhari Sharan Singh, J) U