Dularchand Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49984 of 2021 Arising Out of PS. Case No.-32 Year-2021 Thana- BELCHHI District- Patna ====================================================== 1.

DULARCHAND BIND S/o NARAYAN BIND R/o VILLAGE-BATERIYA BIGHA, P.S-BELCHHI, DISTRICT-PATNA.

2.

AJEET @ AJIT KUMAR @ UCHIT BIND S/o PAPPU BIND R/o VILLAGE-BATERIYA BIGHA, P.S-BELCHHI, DISTRICT-PATNA. 3.

SUKESH @ SUKESH KUMAR @ SUKESH BIND S/o LALIT BIND R/o VILLAGE-BATERIYA BIGHA, P.S-BELCHHI, DISTRICT-PATNA. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogendra Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-06-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Belchhi P.S. Case No. 32 of 2021, registered for the offences punishable under Sections 341, 323, 325, 326, 324, 307, 504, 506/34 of the Indian Penal Code.

As per allegation, at the order of petitioner No. 1the accused persons including the petitioners assaulted the son of the informant. The specific allegation against petitioner No. 1 is that he assaulted son of the informant with lathi who sustained fracture

Patna High Court CR. MISC. No.49984 of 2021(2) dt.20-06-2022 2/3 injury in his leg.

Learned counsel for the petitioners has submitted that some altercation took place on trivial issue as grandsons of the informant of the present case and of the counter case were indulged in scuffling. He has submitted further that mother of petitioner No. 1 is badly injured and his wife Sunita Devi has lodged a case i.e. Belchhi P.S. Case No. 33 of 2021. The petitioners are the persons of clean antecedents and the injuries suffered by the informant are simple in nature.

He has also submitted that although the son of the informant has sustained grievous injury but the injury report was prepared by a private hospital. He has submitted further that although the allegation against the petitioner No. 1 is that he assaulted the son of the informant who sustained grievous injury but the petitioner No. 1 himself sustained grievous injury as fracture of ulna and it is evident from FIR of Belchhi P.S. Case No. 33 of 2021. Considering the above-mentioned facts and circumstances especially the fact that petitioners side have also sustained injuries and they are persons of clean antecedents, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, 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 learned S.D.J.M. Barh, Patna in connection with Belchhi P.S. Case No. 32 of 2021, subject to the conditions as

Patna High Court CR. MISC. No.49984 of 2021(2) dt.20-06-2022 3/3 laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T