Patna High CourtCR. MISC./22698/2016bail granted

Sanjay Pandey And ANR v. The State Of Bihar

2016-05-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22698 of 2016 Arising Out of PS.Case No. -28 Year- 2016 Thana -KUTUMBA District- AURANGABAD ======================================================

1. Sanjay Pandey, son of Braj Kishore Pandey @ Birja Pandey

2. Birja Pandey @ Braj Kishore Pandey, son of late Ram Lakhan Pandey .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlendra Pd. Singh, Advocate For the Opposite Party/s : Mr. Asha Devi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-05-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307/34 of the Indian Penal Code.

Prosecution case is that the father of the petitioner sold the land on the share of the informant. When protest was made then cousins, petitioner no.1 Sanjay Pandey and petitioner no.2 Birja Pandey assaulted the informant. It is also alleged that petitioner no.2, Birja Pandey assaulted with 'khanti' where petitioner no.1 Sanjay Pandey assaulted with lathi and danda. It is submitted by learned counsel for the petitioners that the injury has been found to be superficial simple in nature caused by hard and blunt substance. A statement has been made

Patna High Court Cr.Misc. No.22698 of 2016 (2) dt.20-05-2016 2/2 in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the accusation being levelled in the background of land dispute and the accusation being not corroborated with the medical opinion, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad, in connection with Kutumba P.S. Case No.28/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U