Dalu Pandit @ Dallu Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3419 of 2023 Arising Out of PS. Case No.-143 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== DALU PANDIT @ DALLU PANDIT Son of Late Dhanai Pandit R/VShambhu Chak Tola, Bhatwaliya, P.S- Kalyanpur, Dist- East Champaran Motihari.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Kalyanpur P.S. Case No. 143 of 2022, registered for offence punishable under sections 452, 457, 382/34, 307, 326A of the Indian Penal Code.

As per allegation, the petitioner entered into the house of the informant equipped with a bottle of acid and sickle and picked a box from there. On protest, the petitioner threw acid on him and he fled away with five thousand cash and ornaments, but he was arrested by the police on patrolling duty. The learned counsel for the petitioner has submitted that the petitioner is an innocent person. As a matter of fact, the

Patna High Court CR. MISC. No.3419 of 2023(2) dt.06-04-2023 2/3 the members of prosecution side badly assaulted the petitioner after making false allegation on him and he became injured and thereafter he has also lodged a case against the members of prosecution side. He has submitted further that the petitioner is under custody since May, 2022.

Considering the above-mentioned facts and circumstances as well as clean antecedent and period of custody, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, East Champaran, Motihari in connection with Kalyanpur P.S. Case No. 143 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the

Patna High Court CR. MISC. No.3419 of 2023(2) dt.06-04-2023 3/3 learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T