Ramanuj Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36369 of 2022 Arising Out of PS. Case No.-29 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== 1.
RAMANUJ PANDIT S/O LATE CHATURI PUNDIT Resident of VillageMusapur, P.S.- Ghataho, District- Samastipur. 2.
SHRAWAN PUNDIT S/O RAMANUJ PUNDIT Resident of VillageMusapur, P.S.- Ghataho, District- Samastipur. 3.
ASHOK MAHTO S/O SITA RAM MAHTO Resident of Village- Musapur, P.S.- Ghataho, District- Samastipur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Prabhakar For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-03-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.
Heard learned counsel for the petitioners as well as Sri J.N. Thakur, the learned APP for the State and the learned counsel for the informant.
In this case, the petitioners are seeking regular bail in connection with Sarairanjan (Ghataho O.P.) P.S. Case No. 29 of 2022, registered for the offences punishable under Sections 341, 342, 323, 324, 325, 307, 379, 427, 504 and 506 of the Indian Penal Code, arising out of G R no. 343 of 2022.
2/4 As per allegation, the informant was going to the house of one Dinesh Rai by his motorcycle. The accused persons, including the petitioners, who were already in ambush, surrounded the informant and badly assaulted him with iron rod. Co-accused Sukomal Pandit assaulted the informant on his head with katta at the order of petitioner no. 1. There is allegation against petitioner no. 2 that he assaulted the informant with iron rod. Co-accused Ankit Mahto snatched Rs. 4,000/- from his possession and co-accused Praveen Rai and Arbind Rai assaulted him with iron rod.
The learned counsel for the petitioners has submitted that petitioners are innocent and have falsely been implicated in this case. The injuries suffered by the informant are simple in nature caused by hard and blunt substance. He has further submitted that it is a case of political rivalry and the informant is also an accused in a number of cases. He has also submitted that other co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court. The petitioners are under custody since 31.03.2022. On the other hand, the learned counsel for the informant as well as the learned APP for the State have opposed the prayer for bail and submitted that there are so many cases
3/4 against the petitioners and they have concealed their criminal antecedents in paragraph no. 3 of the bail petition, to which the learned counsel for the petitioners specified that the criminal antecedents of the petitioners were not concealed, rather it was left to be mentioned due to bonafide mistake and after the order of this Court vide order dated 10.01.2023, an affidavit has been filed in this regard, rectifying the defect in paragraph no. 3 of the bail petition.
Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Rajeev Kumar Dwivedi, learned A.C.J.M.-III, Samastipur in connection with Sarairanjan (Ghataho O.P.) P.S. Case No. 29 of 2022, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
(ii) If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners
4/4 and the learned court below will take decision in accordance with law.
Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Kundan/- U T