Chandan Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33661 of 2025 Arising Out of PS. Case No.-64 Year-2024 Thana- BICHKODWA District- Jamui ====================================================== 1.
Chandan Pandit Son of Birbal Pandit Resident of village - Panna, Police Station - Bichkodwa, District - Jamui.
2.
Birbal Pandit Son of Late Dolat Pandit @ Daulat Pandit Resident of village - Panna, Police Station - Bichkodwa, District - Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar, Advocate For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-05-2025 Learned counsel for the petitioners submit that during the pendency of the petition, petitioner no. 2, Birbal Pandit has been arrested and as such, he may be allowed to withdraw the anticipatory bail petition with regard to petitioner no. 2.
2. Permission accorded.
3. The anticipatory bail application with regard to petitioner no. 2, Birbal Pandit stands dismissed as withdrawn.
4. Heard the parties.
5. The petitioner is apprehending his arrest in connection with Bichkodwa P.S. Case No. 64 of 2024 for the offence under sections 126(2), 115(2), 117(2), 109, 352, 351(2) and 3(5) of the B.N.S. lodged on 16.11.2024 by the informant, Shivnandan Pandit.
6. As per the prosecution story, the informant alleged that the accused persons were closing the informant's right to the road, upon protest, while Birbal Pandit gave 'axe' blow on the
Patna High Court CR. MISC. No.33661 of 2025(2) dt.20-05-2025 2/3 head, Chandan Pandit, petitioner no. 1 assaulted on his right hand by rod while Shanti Devi gave bricks blow causing injury. This led to the FIR.
7. Learned counsel for the petitioner no. 1 has taken this Court to the injury report to show that the Doctor of Primary Health Center, Chakai found only one injury on the informant on his forehead which is attributed to Birbal Pandit and no injury has been found on his hand. The petitioner no. 1 has no criminal antecedent.
8. Learned APP opposes the prayer submitting that allegation of assaulting on the hand is against this petitioner.
9. Taking into account the submissions of the parties as also on perusal of the injury report, only one injury has been found on the forehead which is attributed to Birbal Pandit and this petitioner has no criminal, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
10. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-II, Jamui/concerned Court in connection with Bichkodwa P.S. Case No. 64 of 2024 subject to the conditions as
Patna High Court CR. MISC. No.33661 of 2025(2) dt.20-05-2025 3/3 laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T