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Patna High CourtCR. MISC./60732/2025bail granted

Braj Kishore Pandit @ Brij Kishor Pandit @ Brij Kishor Parit v. The State Of Bihar

2025-09-09Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60732 of 2025 Arising Out of PS. Case No.-46 Year-2025 Thana- BASANTPUR District- Siwan ====================================================== Braj Kishore Pandit @ Brij Kishor Pandit @ Brij Kishor Parit S/o Late Vakil Pandit R/o Village - Suryapura, P.S. - Basantpur, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Basantpur P.S. Case No. 46 of 2025 registered for the offences under Sections 126(2), 115(2), 118(1), 109(1) and 3(5) of the BNS.

3. As per prosecution case, over some petty dispute, the petitioner attacked the son of the informant with knife who received injury and started bleeding.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner and the informant are co-villagers and there is no previous enmity between the parties. From the injury report, it appears that the victim received only

Patna High Court CR. MISC. No.60732 of 2025(2) dt.09-09-2025 2/3 one injury over his forehead which is grievous in nature. This falsifies the allegation of giving repeated knife blow. The motive for commission of crime does not appear believable. Son of the informant, namely Krishna Rai, is himself an anti-social person and several cases have been pending against him. Petitioner is in custody since 13.02.2025 and charge-sheet has been submitted. Petitioner is having clean antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner. Learned APP submits that there is specific allegation against the petitioner is that he gave knife blow on the head and neck of the son of the informant.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation against the petitioner and also considering the period of custody of the petitioner along with his clean antecedent and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Siwan/concerned court in connection with Basantpur P.S. Case No. 46 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and

Patna High Court CR. MISC. No.60732 of 2025(2) dt.09-09-2025 3/3 other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T