Satyanarayan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66180 of 2018 Arising Out of PS. Case No.-305 Year-2018 Thana- PARBATTA District- Khagaria ====================================================== Satyanarayan Pandit, S/o- Late Chhedi Pandit, Resident of Village-Indra Nagar Rupauli, P.S.- Parbatta, Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-01-2019 Heard learned counsels for the petitioners and the State.

The petitioner is languishing in custody since 20.08.2018 in a case registered for the offences punishable under Sections 448, 341, 323, 324, 307 and 379/34 of the IPC. The prosecution case, as per the written report of Sarita Devi, dated 19.08.2018 submitted to the Station House Officer, Parvata Police Station, is to the effect that on 19.08.2018 at about 8 A.M., the brother-in-law of the informant, namely, Satyanarayan Pandit (petitioner), his son, Pawan Pandit and Jyotish Pandit, his wife Devta Devi, his daughter-in-law Lalita Devi and his daughter, Gayatri Devi came and started abusing and assaulting the informant with lathi and danda. It is alleged against the petitioner that he assaulted the husband and daughter of the informant with spade.

Patna High Court Cr.Misc. No.66180 of 2018(3) dt.02-01-2019 2/2 It is submitted by learned counsel for the petitioner that the accusation has been levelled in the background of land dispute. The injury of the husband of the informant has been found to be simple in nature caused by hard and blunt substance, whereas, there is no injury report of the daughter of the informant on record. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP, after going through the case diary, submits that injury of the husband of the informant has been found to be simple in nature, whereas there is no injury report of the daughter of the informant on record.

Considering the accusation not being corroborated by the medical opinion and the period of custody, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-1st, Khagaria in connection with Parbatta P.S. Case No. 305 of 2018. (Dinesh Kumar Singh, J) Amrendra/- U T