Rajesh Pandit @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19457 of 2016 Arising Out of PS.Case No. -718 Year- 2015 Thana -NAWADA District- NAWADA =====================================

1. Rajesh Pandit @ Rajesh Kumar, S/o late Raghunandan Pandit, Resident of Mohalla-Kadirganj, P.S.-Kadirganj, District-Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Durgesh Nandan(App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Nawada Nagar (Kadirganj) P.S. Case No.718 of 2015, disclosing offences under Sections 341, 323, 324, 325, 448, 379 and 504/34 of the Indian Penal Code. The petitioner and the informant belong to the same family. It is submitted on behalf of the petitioner that they reside in a same house. It has further been

Patna High Court Cr.Misc. No.19457 of 2016 (2) dt.19-05-2016 2/3 submitted that because of some internal dispute, an occurrence had taken place on 11.11.2015, for which the petitioner had lodged a First Information Report, giving rise to Nawada Nagar (Kadirganj) P.S. Case No.717 of 2015. Subsequently, the informant of this case also lodged a First Information Report, giving rise to present First Information Report, being Nawada Nagar (Kadirganj) P.S. Case No.718 of 2015.

Learned counsel for the petitioner has submitted that considering the background in which the occurrence took place and the fact that the petitioner has no criminal antecedent, he may be granted the privilege of anticipatory bail.

I find substance in the aforesaid submission. This application is allowed.

Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Nawada Nagar (Kadirganj) P.S. Case No.718 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.19457 of 2016 (2) dt.19-05-2016 3/3 This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T