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Patna High CourtCR. MISC./3698/2021bail granted

Satan Pandit v. The State Of Bihar

2021-09-09Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3698 of 2021 Arising Out of PS. Case No.-202 Year-2020 Thana- SONO District- Jamui ====================================================== 1.

SATAN PANDIT, SON OF ROHAN PANDIT RESIDENT OF VILLAGETAHKAR, P.S-SONO (CHARKAPATHAR), DISTRICT-JAMUI 2.

MANOJ PANDIT, S/O ROHAN PANDIT RESIDENT OF VILLAGETAHKAR, P.S-SONO (CHARKAPATHAR), DISTRICT-JAMUI 3.

DINESH PANDIT, S/O KISHUN PANDIT RESIDENT OF VILLAGETAHKAR, P.S-SONO (CHARKAPATHAR), DISTRICT-JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-09-2021 Heard Mr. Prabhat Ranjan Singh, learned advocate for the petitioners and Mr. Parmeshwar Mehta, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Sono P. S. Case No. 202 of 2020, dated 10.08.2020, instituted for the offences under Sections 147, 148, 149, 341, 323, 308, 354, 427, 504 and 506 of the Indian Penal Code.

The petitioners are alleged to have assaulted the members of the prosecution party when they were

Patna High Court CR. MISC. No.3698 of 2021(2) dt.09-09-2021 2/3 asked not to construct the boundary wall.

The injuries suffered by the victim are all simple in nature.

It has been submitted on behalf of the petitioners that for an occurrence dated 29.07.2020, the F.I.R. has been lodged on 10.08.2020 without there being any explanation for the same.

There appears to be a dispute with respect to erection of boundary wall and in the process, a clash took place between the parties as a result of which some of the persons from the side of the prosecution have been injured.

There does not appear to have been, it has been argued, any intention of causing any bodily injury which would bring the case within the mischief of Section 308 of the Indian Penal Code.

The petitioners have clean antecedents.

For the facts afore-stated, the petitioners, above-named, are directed to be released on bail, in the

Patna High Court CR. MISC. No.3698 of 2021(2) dt.09-09-2021 3/3 event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Smt. Bharti Kumari, JM 1st Class, Jamui, in connection with Sono P. S. Case No. 202 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T