Nageshwar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13739 of 2023 Arising Out of PS. Case No.-120 Year-2022 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Nageshwar Pandit Son Of Uttim Pandit @ Yatim Pandit R/O VillageRajepur, P.S.- Sahebganj, District- Muzaffarpur ... ... 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.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 447, 302, 504/34 of the Indian Penal Code The allegation against the petitioner along with coaccused persons is that they came at the house of the informant and started assaulting husband and family members of the informant due to which they sustained injury. It is further alleged that co-accused, namely, Deepak Pandit and Sanjay Pandit also assaulted on chest of informant's husband by means of stick due to which he died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.13739 of 2023(2) dt.05-05-2023 2/2 falsely been implicated in this case. There is no specific allegation of assaulting leveled against the petitioner rather specific allegation of assaulting is against co-accused persons. It is further submitted that no cogent evidence has found against the petitioner and he has got no criminal antecedent moreover, he is languishing in judicial custody since 06.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sahebganj P.S. Case No. 120 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Ist, West Muzaffarpur.

(Sunil Kumar Panwar, J) Manish/- U T