Ganesh Sao And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.38823 of 2016 (2) dt.04-10-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38823 of 2016 Arising Out of PS.Case No. -63 Year- 2016 Thana -SALIMPUR District- PATNA ======================================================
1. Ganesh Sao, Son of late Satyanarayan Sao.
2. Ramesh Sao, Son of late Satyanarayan Sao, Resident of village Ramnagar, P.S.- Salimpur, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-10-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Salimpur P.S. Case No. 63 of 2016 registered under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code. The accusation is that, on 07.05.2016, a Panchayat was organized to solve the land dispute but in course of Panchayat, both petitioners along with their brothers started to abuse. When informant, Lutan Sao, made protest then all accused persons took out knife from waist and tried to cause injury at his neck but he saved himself anyhow. Thereafter, accused persons tried to cut the neck of Bantu Sah, brother of informant, but his brother sustained injury at his chest. In the meantime, Budhan Sao
Patna High Court Cr.Misc. No.38823 of 2016 (2) dt.04-10-2016 rushed to save him then they also sustained knife blow at his stomach.
Learned counsel for the petitioners submits that, in fact, occurrence took place due to land dispute, in which, petitioner no. 1 Ganesh Sao and Dinesh Sao also sustained injury, regarding which, on the basis of written report of co-accused, Dinesh Sao, brother of petitioners, Salimpur P.S. Case No. 64 of 2016 has been instituted against the informant of the present case and others. It is further submitted that petitioner have no criminal antecedent.
Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Barh, Patna, in connection with Salimpur P.S. Case No. 63 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T