Gajendra Bhandari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9200 of 2015 Arising Out of PS.Case No. -21 Year- 2014 Thana -RIGA District- SITAMARHI ======================================================

1. Gajendra Bhandari

2. Ravindra Bhandari Both Sons of Late Ram Sagar Bhandari, Resident of Village - Najarpur, P.S. - Riga, District - Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar For the Opposite Party/s : Mr. Rajendra Singh Shastri Ji (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 17-03-2015 Heard learned counsels for the petitioners and the State.

The petitioners are languishing in custody since 12.01.2015 and 16.01.2015 in a case registered for the offences punishable under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code.

It is alleged that petitioner no. 1 assaulted with spear causing injury on the eye and scalp of the informant when the family members of the informant came to rescue they were assaulted by petitioner no. 2 and others. It is submitted by learned counsel for the petitioners that though the injury of the informant caused by

Patna High Court Cr.Misc. No.9200 of 2015 (02) dt.17-03-2015 2/2 petitioner no. 1 has been opined to be grievous but the nature and size of injury do not suggest as such whereas injuries of others have been found to be simple. There is counter version of the occurrence also and the accusation has been levelled in the background of land dispute.

A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent. It is submitted by learned counsel for the informant that six persons received injury and the injury caused by petitioner no. 1 has been found to be grievous. Considering the nature of accusation, counter version of the occurrence, petitioners have no criminal antecedent and co-accused has been granted bail, let the above named petitioners, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Riga P.S. Case No. 21 of 2014.

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