The High Court granted anticipatory bail to petitioners who are accused of assaulting prosecution party members and causing simple injuries during a land dispute. Bail was directed on furnishing bond of Rs. 10,000 each.
Petitioners directed to be released on bail on furnishing bonds of Rs. 10,000 each with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16075 of 2021
Arising Out of PS. Case No.-147 Year-2020 Thana- PANDAUL District- Madhubani
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gajendra Kumar Jha, Advocate Mr. Sushil Kumar Jha, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
petitioner has sought correction in the prayer portion of the bail petition in which wrong P.S. Case No. has been entered.
Let the correct P.S. Case No. be read as ‘Pandaul P.S.
Case No. 147 of 2020’.
Heard Mr. Gajendra Kumar Jha, learned Advocate for
the petitioners and the learned APP.
The petitioners seek bail in anticipation of their arrest
Patna High Court CR. MISC. No.16075 of 2021(2) dt.03-03-2022 2/3
in connection with Pandaul P.S. Case No. 147 of 2020 dated 23.06.2020 instituted for the offences under Sections 448, 341, 323, 308, 34 and 354(B) of the Indian Penal Code.
The accusation against all the petitioners is of assaulting the members of the prosecution party after trespassing into their land as a result of which three of them have been injured.
However, it has been submitted that the injuries suffered by the victims are all simple in nature.
Learned counsel for the petitioners has further pointed out that petitioner no. 5 has also filed a case against the informant of the present case alleging that only over the issue of removal of a thatched roof which was erected by the informant in the sacred thread ceremony of her grand-son, an occurrence took place in which both sides got injured. Petitioner no. 5 has also received simple injuries in the clash about which she has lodged the FIR vide Pandaul P.S. Case No. 149 of 2020.
The petitioners come from the same stock of family with a common courtyard.
Considering the relationship between the parties and the background facts in which the clash took place and taking into account that all the victims on both sides have received
Patna High Court CR. MISC. No.16075 of 2021(2) dt.03-03-2022 3/3
only simple injuries, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Pandaul P.S. Case No. 147 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J)
krishna/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with offences under Sections 448, 341, 323, 308, 34 and 354(B) IPC.
1 provisions across 1 enactments
Faudar Jha and others
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
