Pankaj Pandit And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25880 of 2017 Arising Out of PS.Case No. -59 Year- 2017 Thana -ITADHI District- BUXAR ======================================================

1. Pankaj Pandit, son of Shiv Daras Pandit.

2. Shiv Daras Pandit.

3. Angad Pandit.

4. Ramanuj Pandit.

5. Krishna Daras Pandit.

All sons of Late Kanhaiya Pandit. All are resident of Village- Barahana, Police Station- Itarhi, District- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the State : Mr. Atul Chandra For the Informant : Mr. Rajiv Ranjan Kr. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-07-2017 Heard learned Counsel for the petitioners, learned Counsel representing the informant and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Itarhi Police Station Case No. 59 of 2017, disclosing offences under Sections 147, 148, 149, 341, 323, 504, 506, 379, 307, 324 of the Indian Penal Code and Section 27 of the Arms Act.

For the same occurrence case and counter case have been lodged.

Patna High Court Cr.Misc. No.25880 of 2017 (2) dt.11-07-2017 2/3 Learned Counsel appearing on behalf of the petitioners has submitted that through there is general allegation of opening fire against the accused persons, including the petitioners, similar allegations are there in the First Information Report lodged by the petitioners' side. Learned Counsel appearing on behalf of the informant has submitted that there being direct allegation against these petitioners of opening fire, they should not be allowed the privilege of anticipatory bail.

However, considering the nature of dispute between the parties, leading to occurrence and registration of the First Information Reports, this application is allowed. Let the petitioners, namely, Pankaj Pandit, Shiv Daras Pandit, Angad Pandit, Ramanuj Pandit and Krishna Daras Pandit, in the event of their arrest or surrender before the Court below within six weeks, 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, Buxar, in connection with Itarhi Police Station Case No. 59 of 2017, subject to the condition 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

Patna High Court Cr.Misc. No.25880 of 2017 (2) dt.11-07-2017 3/3 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.) Prabhakar Anand/- U √ T √