← Library
Patna High CourtCR. MISC./55799/2019allowed

Girani Pandit v. The State Of Bihar

2019-09-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55799 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- KASHICHAK District- Nawada ====================================================== 1.

GIRANI PANDIT Son of Laddu Pandit Resident of Village - Lal Bigha, P.S.- Kasichak (Sahpur OP), Distt - Nawada.

2.

Arun Pandit Son of Saryuj Pandit Resident of Village - Lal Bigha, P.S.- Kasichak (Sahpur OP), Distt - Nawada.

3.

Santosh Pandit Son of Vilash Pandit Resident of Village - Lal Bigha, P.S.- Kasichak (Sahpur OP), Distt - Nawada.

4.

Sandeep Pandit Son of Madhusudan Pandit Resident of Village - Lal Bigha, P.S.- Kasichak (Sahpur OP), Distt - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Raj For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Kasichak (Sahpur OP) P.S. Case No. 74 of 2019, disclosing offences under Sections 147, 149, 341, 323, 324, 338, 308, 504, 354, 379/34 of the Indian Penal Code.

As per the First Information Report, when the informant was getting a drain constructed behind his house, all the ten persons named in the First Information Report with 5-6 unknown persons arrived and started abusing and assaulting. They are said to have assaulted the informant's brother who sustained fracture of bone injury. It is also alleged that petitioner No.4 touched the body of the female member of the informant's family and took away the golden chain.

Patna High Court CR. MISC. No.55799 of 2019(2) dt.04-09-2019 2/2 It is submitted on behalf of the petitioners that land dispute is going on between the parties and for the occurrence said to have taken place on the same date and time, a counter case has been lodged being Kasichak (Sahpur OP) P.S. Case No. 75 of 2019 Considering the above submission made on behalf of the petitioners, this application is allowed.

Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the 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 the learned Chjief Judicial Magistrate, Nawada in Kasichak (Sahpur OP) P.S. Case No. 74 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U