Rajiv Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8536 of 2025 Arising Out of PS. Case No.-77 Year-2024 Thana- MANIYARI District- Muzaffarpur ====================================================== Rajiv Pandit S/O Ram Pratap Pandit R/O Village- Phulwariya, Post- Kinaru, P.S- Maniyari, Distt.- Muzaffarpur Bihar, PIN- 844127. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh For the Opposite Party/s :
Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 504, 506, 307, 379, 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that petitioner assaulted him by an iron rod causing injury on body and thereafter repeated the blow causing injury on head while Lakhindra assaulted him by bamboo and iron pipe while Reeta took Rs. 12000/- and gold worth Rs.1 lakh as informant had objected the sale deed executed by his mother in favour of the petitioner.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.8536 of 2025(2) dt.07-03-2025 2/3 petitioner and the informant are own brother and the mother of petitioner had executed a sale deed with respect to a piece of land in favour of petitioner, which was objected by the informant being brother, on which, an altercation took place and both side assaulted each other. It is further submitted that even informant assaulted the petitioner. It is next submitted that from perusal of the F.I.R., it would manifest that the date of occurrence is 18.03.2024 and the F.I.R. was instituted on 03.04.2024 i.e. after a delay of more than 15 days without any plausible explanation, which casts an aspersion on the case of the prosecution. It is also submitted that no doubt the informant in the F.I.R.
alleges that he was taken to Sadar Hospital, Muzaffarpur for treatment but then if the informant would have been injured, in the manner, as alleged in the F.I.R., in that event, the fardbeyan would have been recorded at the hospital but then from perusal of the F.I.R., it manifests that the same has been instituted based on a written complaint given by the informant, which further casts an aspersion on the case of the prosecution.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
Patna High Court CR. MISC. No.8536 of 2025(2) dt.07-03-2025 3/3 counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Maniyari P.S. Case No.77/2024, G.R. No.898/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T