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Patna High CourtCR. MISC./26938/2022allowed

Raj Narayan Pandit @ Manu Pandit @ Engineer Pandit v. The State Of Bihar

2022-09-01Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26938 of 2022 Arising Out of PS. Case No.-239 Year-2020 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.

RAJ NARAYAN PANDIT @ MANU PANDIT @ ENGINEER PANDIT SON OF LATE LALA PANDIT R/O- VILL- PANDITPUR, P.S.- BUXAR (T), DIST- BUXAR 2.

VIKASH PANDIT SON OF RAJ NARAYAN PANDIT @ MANU PANDIT @ ENGINEER PANDIT R/O- VILL- PANDITPUR, P.S.- BUXAR (T), DIST- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 241, 323, 307, 504, 302/34 of the IPC.

Allegedly, the petitioners along with others assaulted the informant and his brother. It is further stated that in the course

Patna High Court CR. MISC. No.26938 of 2022(2) dt.01-09-2022 2/3 of treatment the brother of the informant namely, Shiv Bhajan died.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. He further submits that the injury report as well as post-mortem report of the deceased does not disclose any injury rather only abrasion was found on neck. During the investigation, the police has submitted the final form against the petitioners but differing with the same, court below has taken cognizance against the petitioners. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.26938 of 2022(2) dt.01-09-2022 3/3 the learned court below where the case is pending/Successor Court in Buxar(M) P.S. Case No.239 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T