Badri Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19064 of 2021 Arising Out of PS. Case No.-108 Year-2020 Thana- KURSAKANTA District- Araria ====================================================== BADRI PANDIT Son of Late Supak Lal Pandit Resident of Village - Sonamani Godam, P.S.- Sonamani Godam, District - Araria, Bihar - 854311 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-04-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kursakanta (Sonamani Godam) P.S. Case No. 108 of 2020, instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 447, 379, 307, 354(B), 384, 504 and 506 of the Indian Penal Code . The petitioner is said to have assaulted one Surendra Pandit as a result of which he received injuries on his person. From the First Information Report, it becomes very clear that the petitioner is attributed with the accusation of assaulting other persons also, some of whom have

Patna High Court CR. MISC. No.19064 of 2021(4) dt.01-04-2022 2/3 received grievous injuries. However, since the accusation was not very clear from the F.I.R., case diary was called for and the petitioner was granted provisional bail. While granting provisional bail to the petitioner, the Court took note of the fact that there is a counter version of the occurrence also, in which four persons from the side of the petitioner were injured. The petitioner was also referred to the hospital for treatment of his hand in which he has received injuries.

Be that as it may, considering the fact that the petitioner has assaulted other persons also, one of whom has received grievous injury, I am not inclined to allow the petitioner to continue to remain on provisional bail. The prayer for anticipatory bail is rejected. The order granting provisional bail, is hereby recalled.

Should the petitioner surrender before the court below and seek bail, it would be taken into account that there is a counter version of the occurrence, in which four persons from the side of the petitioner also have been

Patna High Court CR. MISC. No.19064 of 2021(4) dt.01-04-2022 3/3 injured and the petitioner also has suffered injuries and shall pass orders in accordance with law, without being prejudiced by the fact that the present petition on his behalf has not been entertained.

The application stands disposed off accordingly. (Ashutosh Kumar, J) sunilkumar/- U T