Yogendra Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50789 of 2015 Arising Out of PS.Case No. -269 Year- 2015 Thana -AGAMKUAN District- PATNA ======================================================

1. Yogendra Pandit, Son of Late Gokhula Pandit, Resident of VillageBanjari, P.S. and District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Srivastava For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-12-2015 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned Special Public Prosecutor.

The petitioner apprehends his arrest in a case under Section 420 of the Indian Penal Code and under section 3 (1) (x) of the SC/ST Act.

The informant alleged that the petitioner abused him by naming his caste inside the party office. It is also alleged that the petitioner filed an affidavit forging signature of the informant on which photograph of the petitioner was also affixed. It is submitted that prior to lodging of this case the petitioner lodged Gopalganj P.S. case No. 158 of 2015 against the informant and others under section 307 and other sections of the IPC. The informant was expelled from his party and on account of all these facts the informant filed this case.

Patna High Court Cr.Misc. No.50789 of 2015 (3) dt.18-12-2015 2/2 On the other hand, the learned counsel for the informant as well as the learned Additional Public Prosecutor vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that there is very specific allegation against the petitioner that he forged the signature of the informant.

Considering the facts aforesaid and the nature of allegations made against the petitioner and the fact that petitioner and informant are claiming to be office bearers of Bhartiya Ekta Dal Party and there is dispute between two sides and the petitioner claims to have expelled the informant, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Patna in Agamkuan P.S. Case No. 269 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.