Patna High CourtCR. MISC./36211/2020bail granted

Pankaj Das v. The State Of Bihar

2021-02-22Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36211 of 2020 Arising Out of PS. Case No.-98 Year-2020 Thana- BAUNSI District- Banka ======================================================

1. Pankaj Das, son of Naresh Das resident of village- Gangata, P.S.- Bounsi, District- Banka 2, Srikant Das @ Shrikant Das, son of Naresh Das resident of villageGangata, P.S.- Bounsi, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Pramod Kr. Pandey Mr.Balram Kapri ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-02-2021 Heard learned counsel for the parties.

This application for regular bail arises out of Bounsi P.S. Case No. 98 of 2020, disclosing offence punishable under Section 302 and other allied Sections of the Indian Penal Code. The petitioners are said to be in custody since 05.05.2020. Allegedly, the petitioners, who are full brothers, along with their father had assaulted the informant's husband in a dispute arising out of digging over a piece of land. Apparently, the dispute related to claim of title by the respective parties over the land in question. From the FIR, it is evident that though there is general allegation against the FIR named accused persons including other brothers of these petitioners and their

Patna High Court CR. MISC. No.36211 of 2020(4) dt.22-02-2021 2/2 father of having assaulted the informant's husband with lathi, there is specific allegation against co-accused Mukesh Das of having assaulted the victim with a kudal (mattock). Learned counsel representing the informant has vehemently opposed the prayer for bail.

Considering, however, the submission that the allegation against the petitioners and some other accused persons is of having assaulted the informant's husband is general in nature, this application is allowed. Let the petitioners, above-named, 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, Banka, in Bounsi P.S. Case No. 98 of 2020.

(Chakradhari Sharan Singh, J) Rajesh/- U T