Patna High CourtCR. MISC./4603/2024allowed

Sanjay Pandit v. The State Of Bihar

2024-03-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4603 of 2024 Arising Out of PS. Case No.-120 Year-2022 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Sanjay Pandit Son Of Kshori Pandit Resident Of Village - Rajepur, P.S. - Sahebganj, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No. Ii For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 447, 302, 504 and 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he assaulted the informant's husband by means of fatta on the back side of his head and co-accused assaulted on his chest by means of danda due to which he sustained injuries and later on, he died after he was brought to hospital.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. According to FIR, petitioner assaulted the informant's husband on his back side of the head

Patna High Court CR. MISC. No.4603 of 2024(3) dt.21-03-2024 2/2 but postmortem report does not in consonance with the prosecution version in respect of assault committed by the petitioner. A statement has been made in para- of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 30.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sahebganj P.S. Case No. 120 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st (West), Muzaffarpur.

(Sunil Kumar Panwar, J) Shubham/- U T