Munnilal Sah vs The State Of Bihar
2021 Latest Caselaw 1748 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 33914 of 2020
     Arising Out of PS Case No.-337 Year-2018 Thana- MAJHAULIA District- West Champaran
     ======================================================

1. Munnilal Sah, aged about 62 years, Male Son of Late Paras Sah.

2. Brijesh Sah, aged about 37 years, Male.

3. Dinesh Sah, aged about 32 years, Male, Petitioner no. 2 and 3 are Munnilal Sah.

All are Resident of Village- Sariswa Bazar, PS-Majhaulia, District-West Champaran.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the State : Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 24-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Bimlesh Kumar Pandey, learned counsel

for the petitioners and Ms. Anita Kumari Singh, learned

Additional Public Prosecutor (hereinafter referred to as the 'APP')

for the State.

3. The petitioners apprehend arrest in connection with

Majhaulia PS Case No. 337 of 2018 dated 01.08.2018, instituted

under Sections 341, 323, 324, 307, 447, 504 and 506/34 of the

Indian Penal Code.

Patna High Court CR. MISC. No.33914 of 2020 dt.24-03-2021

4. The allegation against the petitioners is of assault by

bamboo (Fatta) on the nephew of the informant on his head and

chest.

5. Learned counsel for the petitioners submitted that

there was altercation between the parties who are neighbours due

to land dispute and there is a counter case also and both the sides

have received injuries. It was submitted that the injury on the part

of the petitioners is grievous and more serious than the injury

received by the informant in the present case. Learned counsel

submitted that besides the petitioners having no criminal

antecedent, the parties have compromised the matter and a joint

compromise petition through their learned counsel has been filed

before the Court below. It was submitted that because the said

compromise was after filing of the present case, it has not been

brought on record. However, learned counsel has read the

compromise petition which discloses that the parties have chosen

not to pursue the matter and have stated that peace has been

restored between them.

6. Learned APP submitted that there is injury inflicted

on the informant by the petitioners. However, with regard to the

compromise and the injury also sustained by the petitioner's side,

the same was not controverted by learned APP.

Patna High Court CR. MISC. No.33914 of 2020 dt.24-03-2021

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Bettiah, West Champaran in

Majhaulia PS Case No. 337 of 2018, subject to the conditions laid

down in Section 438(2) of the Code of Criminal Procedure, 1973

and further, (i) that one of the bailors shall be a close relative of

the petitioners, (ii) that the petitioners and the bailors shall execute

bond with regard to good behaviour of the petitioners and they

shall co-operate with the police/prosecution and the Court. Any

violation of the terms and conditions of the bonds or undertaking

and failure to cooperate shall lead to cancellation of their bail

bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioners, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioners.

Patna High Court CR. MISC. No.33914 of 2020 dt.24-03-2021

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T