Mirtunjay Pandey @ Mritunjay Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5847 of 2022 Arising Out of PS. Case No.-160 Year-2021 Thana- BEN P.S. District- Nalanda ====================================================== Mirtunjay Pandey @ Mritunjay Pandey Son Of Late Ram Murti Pandey R/O Village- Shari, P.S.- Ben In The District- Nalanda ... ... Petitioner

Versus

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

For the Petitioner/s : Mr.Sunil Kumar, Advocate.

For the Opposite Party/s : Mr.Manoj Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard leaned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in a case registered for the offence punishable under Sections 342, 323, 325, 308, 379, 504 of the Indian Penal Code and later on Section 307 was added.

Allegedly, this petitioner inflicted iron rod blow at the head of informant and during the course of occurrence informant's daughter and husband in tried save her but the informants daughter was also assaulted by the accused persons. The main submissions advanced by learned counsel

Patna High Court CR. MISC. No.5847 of 2022(2) dt.21-06-2022 2/3 for the petitioner are that in the present case two persons are said to have sustained injuries and they injury report have been filed which shows simple injury on their person and both the parties are agnates and between them a land dispute is running and the present petitioner has no criminal antecedent and police has completed investigation.

Learned APP has opposes the prayer for bail.

Having considered the above submissions as well as petitioner custody period the nature of injury of the so called persons annexed to the miscellaneous petition which shows simple injuries having found on their persons, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Ben P.S. case No. 160 of 2021 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court below and shall remain physically present as directed by the Court below and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the

Patna High Court CR. MISC. No.5847 of 2022(2) dt.21-06-2022 3/3 witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(3) One of the bailers shall be close relative of the petitioner who has sworn affidavit in this miscellaneous petition.

(4) The Court below will verify the criminal antecedent of the petitioner but acceptance of bail bond will not be delayed on account of process of verification of the said criminal antecedent. If any criminal antecedent of the petitioner is found then the Court below shall take serious action against him for cancellation of his bail bond.

(Shailendra Singh, J) siddharthkr/- U T