Dharmvir Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50742 of 2023 Arising Out of PS. Case No.-128 Year-2022 Thana- PARWALPUR District- Nalanda ====================================================== Dharmvir Pandit, aged about 39 years, (Male), son of Nago Pandit VillageShiv Nagar, PS- Parwalpur, Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Parwalpur PS Case No.128 of 2022 dated 01.07.2022, instituted under Sections 341, 323, 504, 506, 307, 302, 448/34 of the Indian Penal Code.
3. The allegation against the petitioner is that he assaulted the father of the informant by means of lathi on account of land dispute due to which he fell down on the ground and died at the spot.
4. Learned counsel for the petitioner submits that there is allegation that the petitioner gave lathi blow on the father of the informant due to which he died on spot, but the post mortem, which has been annexed as Annexure-2, shows
Patna High Court CR. MISC. No.50742 of 2023(2) dt.19-08-2023 2/2 that no external injury was found on the person of the deceased and the doctor has opined the death due to cardiogenic shock which does not support the allegation levelled against the petitioner. It is further submitted that the petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda, in Parwalpur PS Case No. 128 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T