Shiv Shankar Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44436 of 2025 Arising Out of PS. Case No.-278 Year-2024 Thana- KASIMBAZAR District- Munger ====================================================== Shiv Shankar Pandit Son of Ramjee Pandit Resident of village - Near Maa Kinder Garden School Herudiyara, P.S.- Kasim Bazar, District - Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Arun, Advocate For the Opposite Party/s :
Mr. Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103 (1) and 3 (5) of the Bhartiya Nyay Sanhita, 2023.
3. The prosecution case, as disclosed in the first information report, is that one Samrat Yadav, who is the son of the informant, was called by one Dilip Yadav and Badshah Yadav in the night and the deceased did not return. Subsequently, the informant found the dead body of her son with marks of assault on his head. Cause of the occurrence has been stated in the first information report as a dispute
Patna High Court CR. MISC. No.44436 of 2025(3) dt.03-09-2025 2/3 with the said Dilip Yadav and Badshah Yadav with regard to blocking of the bridge for which they had threatened the deceased.
4. It is submitted by learned counsel for the petitioner that a perusal of the first information report would show that there is no eye witness to the occurrence and the allegation of calling the deceased in the night is upon two other accused persons, who have been named in the F.I.R., and enmity angle also with respect to them. Name of the petitioner surfaced on the basis of confessional statement of the co-accused. The petitioner has no criminal antecedent and has been languishing in custody since 05.12.2024. It is further submitted that co-accused has already granted bail vide order dated 22.05.2025 passed in Cr. Misc. No. 32959 of 2025.
5. Learned APP for the State opposed the bail petition.
6. Taking into consideration the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.44436 of 2025(3) dt.03-09-2025 3/3 the like amount each to the satisfaction of the learned trial Court where the case is pending/successor Court in connection with Kasim Bazar P.S. Case No.278 of 2024. (Ramesh Chand Malviya, J) Mayank/- U T