Shubh Kant Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84024 of 2019 Arising Out of PS. Case No.-166 Year-2019 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

SHUBH KANT PANDIT Son of Dashrath Pandit Resident of VillageHathauri, P.S.- Kusheshwar Asthan, District- Darbhanga. 2.

Maheshwar Pandit @ Mahesh Pandit Son of Subh Kant Pandit Resident of Village- Hathauri, P.S.- Kusheshwar Asthan, District- Darbhanga. 3.

Rameshwar Pandit @ Ramesh Pandit Son of Subh Kant Pandit Resident of Village- Hathauri, P.S.- Kusheshwar Asthan, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-06-2020 Heard both sides.

The petitioners apprehend their arrest in Kusheshwar Asthan P.S. case No. 166/ 2019 registered under Section 147, 148, 149, 341, 323, 324, 307, 354B, 379, 448 of the IPC. The informant alleged that while he was engaged in construction work of his house the petitioners and other accused persons, having armed with different weapons, came. Shubh Kant Pandit, petitioner No.1, assaulted the informant with Farsa on his head. Ramakant Pandit assaulted Manika Devi with Farsa on her head. Ramesh Pandit, petitioner No.3, assaulted Mohit Mukhiya with Farsa on his head. Mahesh Pandit, petitioner No.2, assaulted Kailash Mukhiya with rod on his head. The learned counsel for the petitioners submits that there is counter version. Both sides entered into mutual assault on each other and both sides received injuries but injuries found

Patna High Court CR. MISC. No.84024 of 2019(3) dt.17-06-2020 2/2 on the person of injured are simple in nature. The occurrence took place on account of land dispute.

Considering the facts that there is case and counter case, the petitioners are, of course, alleged to have assaulted with sharp edged weapon but the injuries are superficial and simple in nature and the occurrence took place on account of land dispute, the petitioners, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Kusheshwar Asthan P.S. case No. 166/ 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T