Pramod Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40431 of 2020 Arising Out of PS. Case No.-656 Year-2019 Thana- JAMUI District- Jamui ====================================================== 1.

PRAMOD SAO Son of Laxman Sao Resident of Village - Chhathudhanma, Post - Kakan, P.S.- Jamui, District - Jamui.

2.

Dabloo Kumar @ Bipin Kumar Son of Pramod Sao Resident of Village - Chhathudhanma, Post - Kakan, P.S.- Jamui, District - Jamui. ... ... Petitioners.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioners :

Mr. Pritish Kumar Lal, Advocate.

For the State :

Mr. Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-07-2021 As prayed for, through Video Conferencing, let the learned counsel for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 28.12.2020, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and the learned A.P.P. for the State, through Video Conferencing. The petitioners apprehend their arrest in connection with Jamui P.S. Case No.656 of 2019 registered under Sections 341, 323, 506, 354(B) and 504/34 of the Indian Penal Code. The accusation is that on 12.12.2019, the work under Saat Nischaya was going on. At that time, both the petitioners

Patna High Court CR. MISC. No.40431 of 2020(2) dt.23-07-2021 2/3 along with Amod Sao with pistol came there and flowed the water. When the informant Baban Saxena Made protest, then all abused the informant. While the attempt of firing was made through pistol by them but the same was missed. Thereafter, they caused assault through the butt of the pistol and lathi to the informant in which the informant sustained blood oozing injury on his forehead. At that time, they gave threatening to the informant of dire consequences and made demand of ransom of Rs.50000/- for completing the work under Saat Nischaya.

Learned counsel for the petitioners submits that, in fact, water was being drain out at the door of the petitioners, due to that reason hot exchange of words and occurrence of "MaarPeet" took place between the parties, in which the petitioners' side also sustained injury regarding which on the basis of the fardbeyan of the petitioner no.1 Pramod Sao, Jamui P.S. Case No.654 of 2019 was also instituted against the prosecution party. Furthermore, out of five injuries, as sustained by the informant, four injuries are simple in nature, whereas one injury, which is pain and swelling on the right side of his chest is said to be grievous in nature due to hairline fracture. The petitioners have no criminal antecedents.

Having considered the facts and the circumstances of

Patna High Court CR. MISC. No.40431 of 2020(2) dt.23-07-2021 3/3 the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui, in connection with Jamui P.S. Case No.656 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T