Baleshwar Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42733 of 2022 Arising Out of PS. Case No.-50 Year-2022 Thana- WARISNAGAR District- Samastipur ====================================================== Baleshwar Pandit, aged about 60 years, Male, son of late Yogeshwar Pandit, resident of village- Gohi, P.S- Warisnagar, District- Samastipur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-01-2023 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking regular bail in connection with Warisnaghar P.S. Case No. 50 of 2022 registered for the offences under Sections 147, 148, 149, 341, 342, 323, 324, 307, 379, 504 and 506 of Indian Penal Code. Later on, Section 302 of the Indian Penal Code has also been added.
Seven accused persons are said to have assaulted the deceased with the aid of lathi and danda. The postmortem report shows on abrassion on lower lip.
The deceased is said to be around 80 years old. Though the age of the deceased is not mentioned in the records but this Court has gathered the age of the deceased by
Patna High Court CR. MISC. No.42733 of 2022(3) dt.30-01-2023 2/2 examining the records and it appears that the age of the deceased is about 80 years.
The petitioner is in custody since 16.03.2022. Considering the totality of the facts and circumstances of the case, this bail application is allowed. Let the petitioner, above-named, be released on bail after framing of charge on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Samastipur in connection with Warisnaghar P.S. Case No. 50 of 2022, subject to the condition that the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner.
It is clarified that if the charge has already been framed in the case, the bail bond of the petitioner shall be accepted by the court below.
(Sandeep Kumar, J) Harsh/Pawan U