← Library
Patna High CourtCR. MISC./33638/2022allowed

Arbind Pandit v. The State Of Bihar

2022-09-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33638 of 2022 Arising Out of PS. Case No.-40 Year-2019 Thana- CHANDRADIP District- Jamui ====================================================== 1.

ARBIND PANDIT Son of Sahdev Pandit Resident of Village - Kodwariya, P.s.- Chandradeep , Distt.- Jamui.

2.

SAHDEV PANDIT Son of Late Puna Pandit Resident of Village - Kodwariya, P.s.- Chandradeep , Distt.- Jamui. 3.

MAHARAJ PANDIT Son of Sahdev Pandit Resident of Village - Kodwariya, P.s.- Chandradeep , Distt.- Jamui. 4.

PRAHLAD PANDIT @ JAI HIND PANDIT Son of Sahdev Pandit Resident of Village - Kodwariya, P.s.- Chandradeep , Distt.- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad, Adv For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-09-2022 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 341, 323, 307, 325, 504/34 of IPC.

Allegedly, the petitioners along with other accused

Patna High Court CR. MISC. No.33638 of 2022(2) dt.22-09-2022 2/3 persons assaulted the informant and his family members by means of several weapons due to which they sustained injuries. 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 petitioner is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. There is an admitted land dispute between the parties. The petitioner no.2 and informant are own brothers. Both sides have sustained injuries and the injuries are simple in nature. Petitioners have two criminal antecedent, which is also mentioned in para-3 of the bail application.

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

Having regard to the facts and circumstances of the case, since the injuries are simple in nature, 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 the learned court below

Patna High Court CR. MISC. No.33638 of 2022(2) dt.22-09-2022 3/3 where the case is pending/Successor Court in Chandradeep P.S. Case No.40 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T