Rahul Panda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70466 of 2019 Arising Out of PS. Case No.-145 Year-2019 Thana- LAURIA District- West Champaran ====================================================== 1.
Rahul Panda, Son of Late Manoj Panda Resident of Village- Panda Patti, P.S.- Lauriya, District- West Champaran.
2.
Brijesh Panda @ Birjesh Panda, Son of Late Satyanarayan Panda Resident of Village- Panda Patti, P.S.- Lauriya, District- West Champaran. 3.
Dipu Panda Son of Late Subai Panda Resident of Village- Panda Patti, P.S.- Lauriya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Lauriya P.S. Case no. 145 of 2019, registered under Section 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.
The accusation is that due to old dispute five persons named in the F.I.R., including the petitioners, came near the informant Jagat Panda, who was returning to his house after attending call of nature. At that time, Rahul Panda (Petitioner No.1) started to abuse and when he made protest
Patna High Court CR. MISC. No.70466 of 2019(2) dt.19-11-2019 2/3 then Dipu Panda (petitioner No.3) caught hold him from behind and Durgesh Panda gave iron rod blow at his forehead and nose as a result of which he fell down and became unconscious. When Bhubneshwar Panda, son of the informant, came then Rahul Panda (Petitioner No.1), Shiv Panda and Brajesh Panda (Petitioner No.2) caused injury to him through lathi, at that time, gold chain of his son was also snatched. Learned counsel for the petitioners submits that it would appear from the F.I.R. that allegation against petitioner No.3 is that he caught hold the informant from behind, thereafter, Durgesh Panda caused injury at his head, whereas, specific allegation against petitioner No.1 and 2 is of causing injury to Bhubneshwar Panda, son of the informant, but the injuries as found on the person of son of informant is simple in nature. Moreover, the dispute in between the petitioners and informant has been settled and the informant has filed compromise petition in the Court below.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.70466 of 2019(2) dt.19-11-2019 3/3 amount each to the satisfaction of the Addl. Chief Judicial Magistrate-I, West Champaran at Bettiah in connection with lauriya P.S. Case No. 145 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T