Santosh Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31094 of 2021 Arising Out of PS. Case No.-356 Year-2020 Thana- BISFI District- Madhubani ====================================================== SANTOSH PANDIT SON OF BHARAT PANDIT R/O VILLAGE- AAUNSI ZERO MILE, P.S.- BISFI (AUNSI O.P.), DISTRICT- MADHUBANI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2021 Heard Mr. Subhash Kumar Jha, learned counsel for the petitioner and Mr. Surendra Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Bisfi (Aaunsi O.P) P.S. Case No. 356 of 2020 registered for the offences punishable under Sections 341, 323, 324, 307, 379, 427, 354, 504, 506/34 of the Indian Penal Code 1860 and Section 3/4 Prevention of Witch Craft Act.

The allegation as per the First Information Report is that the petitioner has allegedly assaulted the husband of the informant by means of Farsa upon his head along with other accused persons who allegedly assaulted her husband by means of lathi, danda, rod etc.

Patna High Court CR. MISC. No.31094 of 2021(2) dt.10-12-2021 2/3 Learned counsel for the petitioner submits that both the parties are neighbours and there was a dispute between them on the point of filling of soil upon a land. Learned counsel further submits that the allegation against the petitioner is of assault upon the head of the husband of the informant by means of Farsa, but from perusal of the injury report it would be evident that no sharp cutting injury is found on the head of the informant's husband. He next submits that the petitioner is in custody since 15.01.2021.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that both the parties are neighbours, there appears to be a land dispute, the petitioner is in custody since 15.01.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Benipatti, Distt. Madhubani, in connection with Bisfi (Aaunsi O.P.) P.S. Case No. 356 of 2020.

It is made clear that at the time of furnishing bail

Patna High Court CR. MISC. No.31094 of 2021(2) dt.10-12-2021 3/3 bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T