Bharat Lal Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46048 of 2025 Arising Out of PS. Case No.-115 Year-2024 Thana- BELHAR District- Banka ====================================================== 1.

Bharat Lal Pandit S/O Late Nankeshwar Pandit Resident of VillageBahjora, P.S.- Belhar, District- Banka. 2.

Sarita Devi W/O Bharatlal Pandit Resident of Village- Bahjora, P.S.- Belhar, District- Banka.

3.

Mritunjay Kumar Pandit @ Mritunjay Kumar S/O Bharatlal Pandit Resident of Village- Bahjora, P.S.- Belhar, District- Banka. 4.

Anuj Kumar Pandit @ Anuj Kumar S/O Bharatlal Pandit Resident of Village- Bahjora, P.S.- Belhar, District- Banka. 5.

Ashutosh Kumar S/O Bharatlal Pandit Resident of Village- Bahjora, P.S.- Belhar, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md.Najmul Hodda For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-08-2025 Heard Mr. Md. Najmul Hodda, learned counsel for the petitioners and Mr. Md. Ataur Rahman, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Belhar P.S. Case No. 115 of 2024 instituted for the offence under Sections 341, 323, 325, 308, 307, 504 read with Section 34 of the Indian Penal Code.

3. The case of the prosecution is that due to land

Patna High Court CR. MISC. No.46048 of 2025(2) dt.05-08-2025 2/3 dispute, all the petitioners abused and assaulted the informant, namely Shiv Shankar Pandit, his father Vikram Pandit, his wife Archana Devi, his mother Pagli Devi, and his sister-in-law Mamta Devi, by means of Tengari, Khanti, Rod and Lathi. It is alleged that Ashutosh Kumar gave Tengari blow on the head of the informant, and petitioner no. 4 gave Khanti blow on the head of the informant's father.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. He also submits that there is also a counter version of this case. It has also been submitted that the police has filed final form against petitioner nos. 4 and 5 but the trial court has taken cognizance against them. He further submits that the injuries which has been sustained by the victims of this case are of simple in nature, caused by hard and blunt substance. He next submits that petitioners side had also received injury in the said occurrence.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners and submits that the petitioners are having criminal antecedent of one case.

6. Having heard learned counsel for the parties and in

Patna High Court CR. MISC. No.46048 of 2025(2) dt.05-08-2025 3/3 the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Belhar P.S. Case No. 115 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T