Gautam Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29711 of 2018 Arising Out of PS. Case No.-70 Year-2018 Thana- BARHARIA District- Siwan ====================================================== Gautam Pandit S/o Shri Kashi Pandit, R/o Vill.- Padrauna, P.S.- Barharia, Dsitrict- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lakshmi Kant Sharma For the Opposite Party/s :

Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-05-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Barhariya P.S. Case No. 70 of 2018, registered for the offence punishable under Sections 147, 149, 341, 342, 323, 307, 352, 353, 332, 333, 379, 504 and 120(B) of the Indian Penal Code. The prosecution case, as lodged by the informant Block Development Officer, Barhariya Block, is that a meeting was called by the Pramukh and when he went to attend the meeting, the brother-in-law of Pramukh Amirullah Saifi assaulted him with iron chair along with Israil Hussain, husband of Pramukh Enullah Saifi and Imteyaz Ahmad. It is alleged that the petitioner along with other co-accused also assaulted the informant.

Patna High Court Cr.Misc. No.29711 of 2018(2) dt.21-05-2018 2/2 The learned Senior Counsel for the petitioner submits that the petitioner is innocent and he is a non FIR named, who has been subsequently roped in the present case with ulterior motives. It is further submitted that similarly situated co-accused persons have already been granted bail by this Court by orders dated 26.04.2018, 11.05.2018 and 17.05.2018 passed in Criminal Miscellaneous Nos. 24240 of 2018, 28563 of 2018 and 28306 of 2018.

Having regard to the facts and circumstances of the case and also the fact that similarly situated co-accused persons have been allowed bail by this Court, I deem it fit and proper to enlarge the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Siwan in connection with Barhariya P.S. Case No. 70 of 2018.

(Mohit Kumar Shah, J) ajay gupta/- U T