Sudarshan Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86795 of 2019 Arising Out of PS. Case No.-197 Year-2019 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

Sudarshan Bind Son of Late Garju Bind Resident of Village - Chhotka Lohara, P.S.- Chainpur, District - Kaimur at Bhabua. 2.

Pappu Bind Son of Parshuram Bind @ Budhu Bind Resident of Village - Chhotka Lohara, P.S.- Chainpur, District - Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh For the Opposite Party/s :

Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-02-2020 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 354, 323, 504 and 307/34 of the IPC.

The prosecution case, as per the written report of Nandu Bind, submitted to the Station House Officer, Chainpur Police Station, is to the effect that on 25.05.2019, at about 10 A.M., in the background of land dispute, 10 FIR named accused persons including the petitioners came and started abusing the informant and when the informant made protest, they assaulted the family members of the informant. It is further alleged that when the

Patna High Court CR. MISC. No.86795 of 2019(2) dt.24-02-2020 2/3 informant went to pacify the issue then the petitioners assaulted on the head of the informant with lathi causing bleeding injury and when the cousin brother of the informant, namely, Mantu Bind came to rescue him, then he was also assaulted by petitioner no.1, Sudarsan Bind and co-accused, Jagjiwan and Parsuram.

It is submitted by learned counsel for the petitioners that in the background of the land dispute, the accusation has been levelled against the petitioners. The injury has been found simple and there is no accusation of repeating blow against the petitioners. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the petitioners are named in the FIR with specific accusation.

Considering the genesis of occurrence and the nature of injury being found simple, coupled with the fact that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount

Patna High Court CR. MISC. No.86795 of 2019(2) dt.24-02-2020 3/3 each to the satisfaction of learned ACJM-II, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 197 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T