Jeevan Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33038 of 2020 Arising Out of PS. Case No.-44 Year-2020 Thana- BANKA District- Banka ====================================================== 1.

Jeevan Kumar Pandit, Son of Balbhadra Pandit, resident of village - Parbatta, Police Station- Barahat, District- Banka. 2.

Vikash Kumar Pandit, Son of Balbhadra Pandit, resident of village - Parbatta, Police Station- Barahat, District- Banka. 3.

Balbhadra Pandit, son of Late Haldhar Pandit, resident of village - Parbatta, Police Station- Barahat, District- Banka.

4.

Sumitra Devi, W/o Balbhadra Pandit, resident of village - Parbatta, Police Station- Barahat, District- Banka.

5.

Sajni Devi, W/o Suman Kr. Pandit, resident of village - Parbatta, Police Station- Barahat, District- Banka.

6.

Puja Devi, W/oJeevan Kr. Pandit, resident of village - Parbatta, Police Station- Barahat, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-03-2021 Heard Mr. Ajay Mukherjee, learned counsel for the petitioners and Mr. Md. Aslam Ansari, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Banka (Barahat) P. S. Case No. 44 of 2020, dated 17.01.2020, instituted for the offences under Sections 147, 323, 307, 504 and 506 of

Patna High Court CR. MISC. No.33038 of 2020(2) dt.05-03-2021 2/3 the Indian Penal Code.

The petitioners are alleged to have assaulted the informant and the members of his family.

It has been urged on behalf of the petitioners that they are neighbours of the informant. Three persons are said to have been injured in the occurrence; two out of them have received only simple injuries whereas Lalita Devi, one of the so called injured persons had not received any injury on her person.

There is a counter version of the occurrence also which has been lodged by petitioner no. 4 vide Banka (Barahat) P. S. Case No. 45 of 2020, under Sections 147, 323, 307, 504, 506 and 34 of the Indian Penal Code.

It has been stated that because of a dispute having sprang up between the parties, there was a quarrel and that quarrel was relatable to drainage of water.

Considering the afore-stated facts, the

Patna High Court CR. MISC. No.33038 of 2020(2) dt.05-03-2021 3/3 petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Banka (Barahat) P. S. Case No. 44 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T