Patna High CourtCR. MISC./37303/2014bail granted

Vijay Pandit v. The State Of Bihar

2015-04-15Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37303 of 2014 Arising Out of PS.Case No. -28 Year- 2013 Thana -JHAJHA District- JAMUI ====================================================== Vijay Pandit .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Adv For the Opposite Party/s : Mr. Atul Chandra (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 15-04-2015 Heard learned counsel for the petitioner as well as learned APP for the State.

Informant/injured while was going towards his house over a motorcycle along with his wife was intercepted by the criminals who had hidden their faces. During course thereof, he was assaulted after tying his hands and legs as well as putting cloth inside his mouth. His wife was taken away by the miscreants. Later on, after fleeing of miscreants, he traced dead body of his wife as well as having cash, mobile set and other items removed by the miscreants.

It has also been disclosed that on that very moment, his wife had identified one of the miscreants as Bajrangi while the informant had identified one, Kariman by his voice. Others have also been named in the background of animosity prevailing since

Patna High Court Cr.Misc. No.37303 of 2014 (3) dt.15-04-2015 before.

From the Fard-e-beyan as well as after going through the case diary, it is evident that neither the informant nor any witness had claimed identification of the petitioner during course of occurrence rather his name appeared only on account of animosity prevailing since before, on mere suspicion. That being so, petitioner, Vijay Pandit, in the event of his arrest/surrender within four weeks, is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of CJM, Jamui in connection with Jhajha PS Case No. 28/2013, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Aditya Kumar Trivedi, J) perwez U T