Anil Pandit @ Anil Mishra @ Arun Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71736 of 2024 Arising Out of PS. Case No.-178 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.
Anil Pandit @ Anil Mishra @ Arun Kumar Mishra Son of Madan Mohan Mishra @ Lal Babu Pandit Resident of Village- Hardiya, P.S.- Jagdishpur, Distt.- Bhojpur at Ara 2.
Niraj Pandit @ Niraj Kumar Mishra Son of Krishna Kumar Mishra @ Krishna Pandit Resident of Village- Hardiya, P.S.- Jagdishpur, Distt.- Bhojpur at Ara 3.
Bulbul Pandit @ Bulbul Mishra @ Ashok Kumar Mishra Son of Ramadhar Mishra @ Lalan Mishra @ Lalan Pandit Resident of Village- Hardiya, P.S.- Jagdishpur, Distt.- Bhojpur at Ara 4.
Raj Kishore Pandit @ Ram Kishore Mishra Son of Ramadhar Mishra @ Lalan Mishra @ Lalan Pandit Resident of Village- Hardiya, P.S.- Jagdishpur, Distt.- Bhojpur at Ara ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar For the State :
Mr.Dashrath Mehta For the informant :
Mr. Raju Kumar Singh Ms. Swati Parmar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-10-2024
1. Heard learned Counsel for the petitioners, learned Counsel for the informant and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Jagdishpur Police Station Case No. 178 of 2024, dated 25.05.2024, disclosing offences punishable under Sections 341/323/147/149/504/307/447/448/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.71736 of 2024(2) dt.26-10-2024 2/3
3. The prosecution case, as per the First Information Report, is that the petitioners, along with other co-accused persons, assaulted the informant and his son by sharp cutting weapon.
4. Learned Counsel for the petitioners submits that there is admitted land dispute between the parties, which would be evident from the First Information Report itself. The allegation against the petitioners is general and omnibus in nature and the injuries caused to the informant and his son are simple in nature, which would be evident from the injury reports.
5. On the other hand, learned Counsel for the informant and the State oppose the prayer for bail and submit that though the injuries are simple in nature, but the petitioners, along with other co-accused persons, assaulted the informant and his son on the vital part of their body, i.e. parietal region of the head.
6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that there appears to be land dispute between the parties, there is general and omnibus allegation against all the nine accused persons and the injuries caused to the informant
Patna High Court CR. MISC. No.71736 of 2024(2) dt.26-10-2024 3/3 and his son are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Bhojpur, at Ara, in connection with Jagdishpur Police Station Case No. 178 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √