Bhukhan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44315 of 2021 Arising Out of PS. Case No.-97 Year-2021 Thana- BAUNSI District- Banka ====================================================== Bhukhan Pandit Son of Late Ledho Pandit Resident of Village - Shyambazar, Police Station - Bounsi, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bounsi P.S. Case No. 97 of 2021 instituted for the offences under Sections 323, 332, 333, 307, 353, 326(A), 188, 269 and 270 of the Indian Penal Code read with Section 51 of the Disaster Management Act, 2005.

Learned counsel for the petitioner submits that petitioner is in custody since 16.05.2021, is a person with clean antecedent, charge-sheet has been submitted in the case and is aged about 75 years.

Learned counsel for the petitioner submits that the informant alleges that during Covid-19 pandemic, the petitioner along with his owner (Ganesh Pandit) was running a tea

Patna High Court CR. MISC. No.44315 of 2021(2) dt.15-12-2021 2/2 breakfast shop and when the informant along with police force tried to close his shop, the shop owner poured boiling oil on some police personnel causing injury.

Learned counsel for the petitioner submits that the police personnel while closing the shop were not careful in using the stick, as a result the stick hit a vessel which contained boiling oil and accordingly the same fell on their body causing simple injury.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 16.05.2021, he is 75 years old, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Bounsi P.S. Case No. 97 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C. (Satyavrat Verma, J) Rishi/- U T