Arjun Pandit And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.2267 of 2018 (2) dt.17-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2267 of 2018 Arising Out of PS.Case No. -81 Year- 2017 Thana -KHAGARIA (Muffasil) District- KHAGARIA ======================================================

1. Arjun Pandit

2. Arun Pandit

3. Gultan Pandit All three Son of Bhoomi Pandit

4. Naveen Pandit Son of Arjun Pandit

5. Kundan Pandit Son of Arun Pandit All residents of Ramganj, P.O. Sankarpur, P.S. - Muffasil, District - Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shekhar Kumar Singh, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-01-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 01.09.2017 in connection with Khagaria (Muffasil) P.S. Case No. 81 of 2017, corresponding to G.R. No. 361 of 2017, arising out of S.T. No. 203 of 2017 for the alleged offences under Sections 147, 148, 149, 326, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioners have been falsely implicated in connection with alleged firing upon the informant and others. It is stated that there is land dispute between the parties and for which Land Dispute Case No. 164/2013-14 is pending in the Court of D.C.L.R., Khagaria. The thrust of accusation of firing is on co-accused Arbind Pandit whereas the allegation of firing as regards the petitioners and other co-accused persons is general and

Patna High Court Cr.Misc. No.2267 of 2018 (2) dt.17-01-2018 omnibus. The injury sustained by the informant is simple in nature. The petitioners claim clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned A.D.J. Ist, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 81 of 2017, corresponding to G.R. No. 361 of 2017, arising out of S.T. No. 203 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T