Satish Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36756 of 2021 Arising Out of PS. Case No.-62 Year-2021 Thana- MAHNAR District- Vaishali ====================================================== SATISH PANDIT S/O LATE RAM BALAK PANDIT R/O VILLAGELODIPUR LAKHRAJ PS. MAHNAR, DISTRICT-VAISHALI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priyesh Kumar For the State :

Mr.Akshay Lal Pandit For the informant :

Mr. Aslok Kumar Alok Mr. Madhura Nand Jha Mr. Pushpendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-04-2022 Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Mahnar Police Station Case No. 62 of 2021, registered for the offences punishable under Sections 147/148/149/144/323/324/ 341/342/307/302 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the husband of the informant, along with one Raushan Kumar, had gone to village Chatwara, on an Alto car, bearing registration no. BR06AK/1104, and on 28.02.2021, when the husband of the informant did not return home, she went to Lodipur Lakhraj where she came to know that the petitioner along with other named accused persons and 100

2/4 unknown persons forcibly stopped the vehicle of her husband and beaten him to death.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to the fact that in the night of 27/28-02-2021, at about 02:30 AM, 4-5 thieves had arrived near the house of the petitioner for committing theft and upon some noise, the sister-in-law of the informant woke up and raised alarm, due to which some villagers also woke up and assembled near the house of the informant and the accused persons started fleeing away and they were chased by the villagers.

In the mean while, the deceased (husband of the informant) entered into the alto car, parked there from before, however, the villagers surrounded the thieves, sitting in the car and assaulted and brought them near the door of the informant, where the husband of the deceased died and another thief, namely, Raushan Kumar, who was sitting in the car received injuries and was handed over to the police. He further submits that the alto car along with one machine was recovered from the possession of the thieves.

3/4 Information Report, bearing Mahnar Police Station Case No. 61 of 2021 and from perusal of the same, it would be evident that it was the villagers, who assaulted the husband of the informant considering him as a thief and brought at the door of the informant and there is general and omnibus allegation against 100 villagers, including the petitioner and others. On the other hand, learned Counsel for the informant vehemently opposes the prayer for bail and submits that at the instance of the petitioner, the villagers stopped the car of the informant's husband and assaulted her husband, due to which he died.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the First Information Report lodged by the side of the petitioner is prior in time, where it has been stated that two thieves were caught by the villagers, 100 in number, who assaulted them, due to which one of the thieves died at the spot and the injured thief was handed over to the police, no specific allegation is levelled against the petitioner, charge sheet has already been submitted and the petitioner is in custody since 03.03.2021, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

4/4 Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, at Hajipur, in connection with Mahnar Police Station Case No. 62 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √