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Patna High CourtCR. MISC./18314/2021bail granted

Shaligram Pandit v. The State Of Bihar

2022-03-11Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18314 of 2021 Arising Out of PS. Case No.-67 Year-2020 Thana- SANOKHAR District- Bhagalpur ====================================================== 1.

Shaligram Pandit, aged about 40 years, male, Son of Late Singeshwar Pandit 2.

Laxman Pandit, aged about 36 years, male, Son of Late Singeshwar Pandit 3.

Ram Bilash Pandit, aged about 34 years, male, Son of Late Singeshwar Pandit 4.

Gajadhar Pandit, aged about 18 years, male, Son of Shaligram Pandit All are residents of Village- Kemachak Bathani, P.S.- Sanokhar, DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-03-2022 Heard the counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Sanokhar (Amdanda) P.S. Case No. 67 of 2020, dated 18.06.2020, instituted for the offences under Sections 147, 149, 341, 323, 325, 307, 379, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.18314 of 2021(2) dt.11-03-2022 2/3 They have been named in the F.I.R. along with twelve other accused persons for having assaulted the members of the prosecution party.

It has been submitted on behalf of the petitioners that the accusation is absolutely false.

There is a counter version of the occurrence as well lodged by one of the co-accused persons, namely, Upendra Pandit vide Sanokhar (Amdanda) P.S. Case No. 66 of 2020. It has further been submitted that the petitioners and the informant are agnates and co-sharers. A Title Suit, bearing No. 42 of 2019, has been filed by the father of petitioner Nos. 1 and 2 and others against the informant and others before a competent Court. Apart from the land dispute, it has been urged, the petitioners have been facing some other prosecution at different forums as well. The victims have received simple injuries.

The members of the prosecution party in the present case have all been granted anticipatory bail in connection with the counter case about which reference has been made earlier.

Patna High Court CR. MISC. No.18314 of 2021(2) dt.11-03-2022 3/3 Regard being had to the facts afore-stated, the petitioners, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Bhagalpur in connection with Sanokhar (Amdanda) P.S. Case No. 67 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T