Manu Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54700 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- CHANDI District- Bhojpur ====================================================== 1.

Manu Pandit Son of Lali Pandit Resident of Village - Bahiyara, P.S.- Chandi, District - Bhojpur 2.

Rakesh Kumar @ Rakesh Kumar Pandit Son of Harinarayan Pandit Resident of Village - Bahiyara, P.S.- Chandi, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-11-2024 Heard learned counsel for the petitioners and learned APP for the State. Perused the case diary.

2.

The petitioners seek bail in connection with Chandi P.S. Case No. 42 of 2024 instituted for the offence under Sections 148, 149, 341, 323, 504, 506, 307 & 353 of the Indian Penal Code.

3.

Prosecution case as emerges from the FIR is that petitioners along with other co-accused persons attacked on the police personnel by means of lathi, danda and sword, when they reached to village to extinguish the fire. It is further alleged that the accused persons also damaged the private van. 4.

It has been submitted on behalf of the petitioners

Patna High Court CR. MISC. No.54700 of 2024(4) dt.13-11-2024 2/3 that the petitioners are in custody since 11-06-2024. Petitioners are the man of clean antecedent.

5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. There is no specific allegation against the petitioners, rather allegation is general and omnibus in nature. It is alleged that one Chandan Kumar is injured in this case, but there is no injury report on record. Other co-accused persons against whom there was allegation of instigation have been granted bail by the lower court itself. It is lastly submitted that police after investigation has already submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. It is fervently submitted by referring to paragraph Nos. 2, 6, 7 8, 9 & 10 of the case diary that prosecution witnesses have supported the allegation against the petitioners.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, clean antecedent of the petitioners and charge sheet being submitted, this Court is inclined to grant bail to the petitioners. 8.

Let the petitioners be released on bail on

Patna High Court CR. MISC. No.54700 of 2024(4) dt.13-11-2024 3/3 furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chandi P.S. Case No. 42 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T