Pramod Pandit And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.48257 of 2018 (2) dt.14-08-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48257 of 2018 Arising Out of PS.Case No. -282 Year- 2017 Thana -BAKHRI District- BEGUSARAI ======================================================
1. Pramod Pandit, Son of Ghulam Pandit @ Ram Gulam Pandit,
2. Dharamdeo Pandit, Son of Sagar Pandit @ Ram Sagar Pandit, Both residents of Village- Kharakchak Salauna, P.S.- Bakhari, DistrictBegusarai. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-08-2018 Heard learned counsel for the petitioners as well as the State.
The petitioners apprehend their arrest in Bakhari P.S. Case No. 282/2017, instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 506, 354, 307 and 379 of the Indian Penal Code.
Learned counsel for the petitioners submits that the instant case has been filed as a counter blast of a judgment passed by Gram Kachahari dated 10.06.2017 in Salauna Case No. 45/2017, which was filed by father of petitioner no. 1 against the informant, whereby the informant was directed to give possession of the land in question to petitioners. In the instant case, petitioners are alleged to have assaulted the informant with Pagharia causing injury. The injury report of informant is enclosed as Annexure-2 which shows
Patna High Court Cr.Misc. No.48257 of 2018 (2) dt.14-08-2018 that the injury found on the person of informant is simple in nature caused by hard and blunt substance.
Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bakhari P.S. Case No. 282/2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. V, Begusarai, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper 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 petitioners. (Sanjay Priya, J.) Rakhi U T