Karu Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19476 of 2025 Arising Out of PS. Case No.-220 Year-2024 Thana- CHANDRAMANDI District- Jamui ====================================================== Karu Pandit S/o Jaggu Pandit Resident of Village- Jogiya Malbar, P.S.- Chandramandih, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sadanand Paswan, Adv For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 22-05-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chandramandi P.S. Case No. 220 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 109(1), 117(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant and her family members causing injuries on the head and other parts of the body.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is a case and counter
2/4 case between the parties and the allegation against all the accused persons is general and omnibus in nature. It is next submitted that the allegation upon the petitioner is of assaulting the father-in-law of the informant, namely, Kurchun Pandit, on his head and on his right arm causing fracture, however, from perusal of the injury report, it is evident that there are two injuries found on the body of the Kurhcun Pandit i.e., swelling on the left arm and a lacerated wound found on the left side of his head and the opinion with regard to the injuries was reserved and, therefore, the allegation as stated in the FIR does not corroborate with the injury report. It is next submitted that similarly situated co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 23.04.2025 passed in Cr. Misc. No. 20416 of 2025. It is lastly submitted that the petitioner has clean criminal antecedents and is in custody since 13.12.2024.
5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that there is a specific allegation against the petitioner of assaulting the father-in-law of the informant, hence, he does not deserve the liberty of bail.
6. Considering the aforesaid submissions of the parties and taking into account the fact that there is a case and
3/4 counter case between the parties and also considering the fact that similarly situated co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court coupled with the fact that the petitioner is in custody since 13.11.2024, let the petitioner above-named, 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 Court concerned, Jamui, in connection with Chandramandi P.S. Case No. 220 of 2024, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of
4/4 verification.
7. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T