Lal Babu Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2360 of 2021 Arising Out of PS. Case No.-50 Year-2020 Thana- BELSAND District- Sitamarhi ====================================================== 1.

LAL BABU PANDIT Son of Ram Sundar Pandit Resident of VillageDamami, P.S.- Belsand, District- Sitamarhi. 2.

Sanjay Pandit Son of Late Kishori Pandit Resident of Village- Damami, P.S.- Belsand, District- Sitamarhi.

3.

Rajesh Pandit Son of Late Ram Briksha Pandit @ Ram Vriksh Pandit Resident of Village- Damami, P.S.- Belsand, District- Sitamarhi. 4.

Raghuvir Pandit @ Raghuveer Pandit Son of Ram Briksha Pandit @ Ram Vriksh Pandit Resident of Village- Damami, P.S.- Belsand, DistrictSitamarhi. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

2. Prem Chandra Das Ram Swaroop Das Village-Damami Kumhar Tola, P.S.-Belsand, District-Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Shankar Kumar For the Respondent/s :

Mr.Sadanand Paswan Mr.Virendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-05-2023 Learned counsel for the appellants is directed to remove the defects as pointed out by the office. Heard learned counsel for the appellants, learned counsel for respondent no.2 and learned Special Public Prosecutor for the State.

This appeal has been preferred against the order dated 05.03.2021 passed by learned 1st Additional Sessions Judgecum-Special Judge, SC/ST Act, Sitamarhi in A.B.P. No.484 of

Patna High Court CR. APP (SJ) No.2360 of 2021(4) dt.04-05-2023 2/3 2021/13 of 2021 arising out of Balsand P.S. Case No.50 of 2020 registered under Sections 341, 323, 452, 504/34 of the Indian Penal Code and Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by which the prayer for anticipatory bail of the appellants has been rejected. Learned counsel for the appellants submits that the appellants are innocent and have falsely been implicated in this case. No specific allegation is made against the appellants. The F.I.R. has been lodged after two days of the alleged occurrence. The appellants have no criminal antecedent.

Considering the facts and circumstances of the case as well as the submissions made by the parties, let the appellants, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Sitamarhi in A.B.P. No.484 of 2021/13 of 2021 arising out of Balsand P.S. Case No.50 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. APP (SJ) No.2360 of 2021(4) dt.04-05-2023 3/3 Accordingly, the impugned order is set aside and the appeal is allowed.

(Arvind Srivastava, J) Harish/- U T