Mithun Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2892 of 2018 Arising Out of PS.Case No. -141 Year- 2017 Thana -BELHAR District- BANKA ====================================================== Mithun Pandit, S/o Late Chandeswari Pandit, R/o Village- Nimia, P.S.- Belhar, District- Banka.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrendra Kumar Jha, Advocate. For the Opposite Party/s : Mr. Ram Bilash Roy Raman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Belhar P.S. Case No. 141 of 2017, G.R. No. 2025 of 2017 instituted for the offence under Sections 341, 448, 323, 324, 325, 307, 379, 504 and 34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that petitioner has no criminal antecedent. There is dispute between informant and accused Sunil Yadav. The informant and his family members have beaten this petitioner when he went to stop the occurrence and he sustained head injury. The matter was also published in Hindi Newspaper "Dainik Jagran" on 13.07.2017 (Annexure-2). It has further been submitted that the instant case is counter blast of Belhar P.S. Case No. 142 of 2017.
Patna High Court Cr.Misc. No.2892 of 2018 (2) dt.17-01-2018 2/3 In the instant case, there is allegation that this petitioner and other accused persons assaulted the father of the informant.
Learned Sessions Judge has mentioned about the injury sustained by the informant and other injured but he has not mentioned the opinion given by the Doctor about aforesaid injuries.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Belhar P.S. Case No. 141 of 2017, G.R. No. 2025 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate3rd, Banka, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if
Patna High Court Cr.Misc. No.2892 of 2018 (2) dt.17-01-2018 3/3 petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) S.Ali/- U T