Hitlar Kumar Pandit @ Hitlar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25199 of 2022 Arising Out of PS. Case No.-168 Year-2020 Thana- SATHI District- West Champaran ====================================================== Hitlar Kumar Pandit @ Hitlar Pandit Son Of Harakh Pandit Resident Of Village - Samhauta, P.S.- Sathi, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhileshwar Kumar Shrivastva For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 354(B), 307, 379, 504 of the Indian Penal Code.

As per the prosecution case, it is alleged that on 18.09.2020 at about 4 pm a Panchayati had been held over the dispute of flow of rain water. After Panchayati all the accused persons including the petitioner armed with weapons came at the door of the informant and started abusing. On protest being made

Patna High Court CR. MISC. No.25199 of 2022(2) dt.12-10-2022 2/3 by the informant, the petitioner assaulted by means of iron rod.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence as alleged by the prosecution, rather he is a victim of false implication due to ulterior motive of the informant. It is further submitted that there is unexplained delay of 14 days in lodging of the F.I.R. It is also submitted that due to petty dispute with regard to drainage the alleged occurrence said to have been occurred in between two neighbors. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.25199 of 2022(2) dt.12-10-2022 3/3 satisfaction of learned Additional Chief Judicial Magistrate- III , Bettiah, West Champaran in connection with Sathi P.S. Case No. 168 of 2020, (G.R. No. 4697 of 2020) subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T