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Patna High CourtCR. MISC./43466/2019bail granted

Dinkar Pandit @ Diwakar Pandit v. The State Of Bihar

2019-09-30Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43466 of 2019 Arising Out of PS. Case No.-630 Year-2018 Thana- BANKA District- Banka ====================================================== 1.

DINKAR PANDIT @ DIWAKAR PANDIT, Son of Kuldeep Pandit 2.

Sharda Suman, Wife of Dinkar Pandit @ Diwakar Pandit Both resident of village - Dharamdeha - Kaitpura, P.S.- Barahat, Dist.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Banka (Barahat) P.S. Case No. 630 of 2018, disclosing the offences under Sections 447, 323, 337, 307 and 504 of the Indian Penal Code.

There is general allegation against all the four accused persons of having assaulted the informant. There is allegation against petitioner No. 1, Dinkar Pandit @ Diwakar Pandit, of having assaulted the informant's son with brick and of having damaged the windshield of his pick-up van. In the First Information Report, it is alleged that the accused persons used to steal articles from the informant's shop and since the said

Patna High Court CR. MISC. No.43466 of 2019(4) dt.30-09-2019 2/2 conduct of the petitioners was being objected to, they have committed the offence.

Considering the facts and circumstances of the case and the nature of accusation, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Banka (Barahat) P.S. Case No. 630 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail Bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) S.Ali/- U T