Satyendra Kumar Pandit @ Satyendra Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86552 of 2023 Arising Out of PS. Case No.-500 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

SATYENDRA KUMAR PANDIT @ SATYENDRA PANDIT S/O YADU PANDIT @ YADOLAL PANDIT R/O VILLAGE- ATHMOHAN, P.SJHAROKHAR, DISTT.- EAST CHAMPARAN. 2.

MAHAVIR PANDIT @ MAHAVIR KUMAR S/O YADU PANDIT @ YADOLAL PANDIT R/O VILLAGE- ATHMOHAN, P.S- JHAROKHAR, DISTT.- EAST CHAMPARAN.

3.

PRAMANAND PANDIT S/O YADU PANDIT @ YADOLAL PANDIT R/O VILLAGE- ATHMOHAN, P.S- JHAROKHAR, DISTT.- EAST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-01-2024 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Ghorasahan (Jharokhar) PS case no. 500 of 2023, disclosing offences punishable under Section 354 and other allied sections of the Indian Penal Code.

3.

The prosecution story, in brief, is that on 23.08.2023, petitioners along with one other accused person armed with lathi, rod etc. assaulted the informant, his brother and mother. Petitioner no. 1 inflicted iron rod blow on the head

Patna High Court CR. MISC. No.86552 of 2023(2) dt.31-01-2024 2/3 of the informant, petitioner no. 3 assaulted the brother of the informant by lathi and petitioner no. 2 pushed the mother of the informant when she tried to intervene in order to rescue the informant.

4.

Learned Counsel for the petitioners submits that both parties are agnates and there is previous land dispute between them. It is further submitted that prior to lodging of this case, Ghorasahan PS case no. 499 of 2023 was lodged by petitioners' side against the informant and his family members. Referring to injury reports, learned counsel submits that injury caused to the informant is simple in nature but the doctor has reserved his opinion about the injuries sustained by the brother of the informant namely Ramanand Pandit. It is also submitted that from perusal of Annexure 3/2, which is the injury report of Ramanand Pandit, it appears that only bruises, pain and swelling were there on his left thigh.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are agnates, there is land dispute between them, case and counter case is existing between the parties, injury caused to the informant is simple is nature and opinion is reserved about the injuries sustained by the brother of the

Patna High Court CR. MISC. No.86552 of 2023(2) dt.31-01-2024 3/3 informant, I am inclined to grant the privilege of anticipatory bail to the petitioners.

6.

This application is, accordingly, allowed.

7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within four weeks, 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 learned Additional Chief Judicial Magistrate-III, Sikrahna at Dhaka, East Champaran in connection with Ghorasahan (Jharokhar) PS case no. 500 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T