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Patna High CourtCR. MISC./33249/2020bail granted

Sohan Pandit v. The State Of Bihar

2021-03-01Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33249 of 2020 Arising Out of PS. Case No.-360 Year-2019 Thana- BELHAR District- Banka ====================================================== 1.

SOHAN PANDIT Son of Doman Pandit Resident of Village- Dhanjorwa, P.S.- Belhar, District- Banka.

2.

Shanichar Pandit Son of Doman Pandit Resident of Village- Dhanjorwa, P.S.- Belhar, District- Banka.

3.

Ganesh Pandit Son of Doman Pandit Resident of Village- Dhanjorwa, P.S.- Belhar, District- Banka.

4.

Jalo Pandit Son of Doman Pandit Resident of Village- Dhanjorwa, P.S.- Belhar, District- Banka.

5.

Chandan Pandit Son of Sohan Pandit Resident of Village- Dhanjorwa, P.S.- Belhar, District- Banka.

6.

Mantu Pandit @ Mantu Kumar Pandit Son of Sohan Pandit Resident of Village- Dhanjorwa, P.S.- Belhar, District- Banka. 7.

Tulsi Pandit Son of Sohan Pandit Resident of Village- Dhanjorwa, P.S.- Belhar, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr.Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-03-2021 Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case

Patna High Court CR. MISC. No.33249 of 2020(2) dt.01-03-2021 2/3 registered under Sections 341, 323, 325, 307, 504/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the informant and his son and brother by means of iron rod, lathi, due to which they sustained injuries. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka in connection with Belhar P.S. case No.360 of 2019, subject to the

Patna High Court CR. MISC. No.33249 of 2020(2) dt.01-03-2021 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T