Prakash Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9829 of 2021 Arising Out of PS. Case No.-341 Year-2020 Thana- GOGRI District- Khagaria ====================================================== 1.

Prakash Pandit Son Of Bhim Pandit 2.

Nitish Kumar Son Of Prakash Pandit 3.

Dallo Kumar Son Of Prakash Pandit All Resident Of Mohalla- Gogari Bazar, Ward No.-01, P.S- Gogari, DistrictKhagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-11-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioner No.1-Prakash Pandit has already been arrested in this case. Hence, his prayer for anticipatory bail is dismissed as infructuous.

Petitioner Nos.2 and 3 are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 506, 307, 379, 34 of the Indian Penal Code. Petitioner Nos.2 and 3 carry general and omnibus allegation of assault due to claim and counter claim over the property.

Considering the nature of allegation against the petitioners, let petitioner Nos.2 and 3, above named, in the event

Patna High Court CR. MISC. No.9829 of 2021(2) dt.16-11-2021 2/2 of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Gogari P.S.Case No.341 of 2020, G.R.No.2813 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) Petitioner Nos.2 and 3 shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of petitioner Nos.2 and 3.

(c) Petitioner Nos.2 and 3 shall not leave the country without permission of the learned Trial Court. (Birendra Kumar, J) Nitesh/- U T