Adhul Devi @ Adula Devi Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77512 of 2024

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Arising Out of PS. Case No.-158 Year-2024 Thana- SALAKHUA District- Saharsa

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======================================================

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Adhul Devi @ Adula Devi, W/O Dinesh Pandit, R/O Village- Gat Morkahi, Ward No. 01, P.O.- Uteshra, P.S- Salkhua, Distt.- Saharsa.

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Puran Pandit @ Pooran Pandit, S/o Ramadhin Pandit, R/O Village- Gat Morkahi, Ward No. 01, P.O- Uteshra, P.S- Salkhua, Distt.- Saharsa.

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Bharti Devi, W/O Shankar Pandit, R/O Village- Gat Morkahi, Ward No. 01, P.O- Uteshra, P.S- Salkhua, Distt.- Saharsa.

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Chandra Kishor Pandit @ Chanh Kishor Pandit, S/O Vishundev Pandit, R/O Village- Gat Morkahi, Ward No. 01, P.O- Uteshra, P.S- Salkhua, Distt.Saharsa.

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Santosh Pandit S/O Hriday Pandit R/O Village- Gat Morkahi, Ward No. 01, P.O- Uteshra, P.S- Salkhua, Distt.- Saharsa.

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Sharvan Pandit @ Sharwan Pandit @ Sharwan Kumar S/o Brahmdev Pandit R/O Village- Gat Morkahi, Ward No. 01, P.O- Uteshra, P.S- Salkhua, Distt.Saharsa.

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Shankar Pandit S/O Puran Pandit @ Pooran Pandit R/O Village- Gat Morkahi, Ward No. 01, P.O- Uteshra, P.S- Salkhua, Distt.- Saharsa.

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Manoj Pandit S/O Late Ramdev Pandit R/O Village- Gat Morkahi, Ward No. 01, P.O- Uteshra, P.S- Salkhua, Distt.- Saharsa.

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Raja Ram Pandit S/O Puran Pandit @ Pooran Pandit R/O Village- Gat Morkahi, Ward No. 01, P.O- Uteshra, P.S- Salkhua, Distt.- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance : For the Petitioner/s : Mr. Amarnath Jha, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

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ORAL ORDER

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3 22-03-2025 Heard the parties.

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The petitioners are apprehending their arrest in

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connection with Salkhua P.S. Case No. 158 of 2024 registered for the offences punishable under Sections 341, 323, 324, 325, 354(B), 379, 504/34 of the Indian Penal Code.

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Patna High Court CR. MISC. No.77512 of 2024(3) dt.22-03-2025 2/3

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Based upon the written report, the prosecution alleged that on the fateful day, all the F.I.R. named accused persons started forcefully making construction over the land of the informant and when the same was resisted, all the accused persons, including the petitioners, started abusing and assaulting. In order to rescue the informant, when her elder brother in law, Bechan Pandit came there, petitioner no.4 and 8 have assaulted him by means of Iron rod, due to which he sustained serious injuries. There is allegation of snatching of valuables also.

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Learned Advocate for the petitioners drawing the attention of this Court to the F.I.R. contended that omnibus nature of allegations have been levelled against all the family members; moreover the genesis of the occurrence is said to be a land dispute. So far the injuries sustained to the informant and others are concerned, the same has been found to be simple in nature. To support the aforesaid contention, the injury report, in relation to Bechan Pandit, has also been referred, which clearly suggests that all the three injuries sustained to him are found to be simple in nature. It is further contended that in fact the present case is nothing but the counter blast of Salakhua P.S. Case No. 156 of 2024 wherein it is alleged that it is the informant's side who were the aggressors and brutally assaulted

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Patna High Court CR. MISC. No.77512 of 2024(3) dt.22-03-2025 3/3

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the petitioners and their family members. The petitioners have got absolutely fair antecedent.

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On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioners have actively participated in the crime.

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Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation, coupled with the simple injuries sustained to the injured and the fair antecedent of the petitioner as well as case and counter case, let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.5,000/- (Rupees five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Saharsa in connection with Salkhua P.S. Case No. 158 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with the further condition that one of the bailors shall be the own/close relative of the petitioners.

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(Harish Kumar, J)

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uday/-

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U T

Adhul Devi @ Adula Devi v. The State of Bihar

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Adhul Devi @ Adula Devi v. The State of Bihar

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