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Patna High CourtCR. MISC./41235/2017disposed

Gobi @ Govind Pandit @ Gobi Pandit And ORS v. The State Of Bihar

2017-10-06Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41235 of 2017 Arising Out of PS.Case No. -24 Year- 2017 Thana -ANTICHAK District- BHAGALPUR ======================================================

1. GOBI @ GOVIND PANDIT @ GOBI PANDIT S/o Ganga Pandit

2. Nitish @ Nitish Kumar Pandit @ Nitesh Pandit S/o Rajendra Pandit

3. Bijay Pandit S/o Ganga Pandit

4. Pankaj Pandit

5. Rinku Pandit @ Rinku Kumar Pandit Both Sons of Late Karu Pandit

6. Paran Pandit @ Paras Pandit Son of Bindeshwar Pandit

7. Ganga Pandit Son of Late Aklu Pandit All Resident of VillageSangitbaita, P.S. Antichak, District Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiwesh Chandra Mishra For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-10-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in a case instituted for the offences under Sections 147, 148, 149, 323, 324, 307, 325 and 337 of the Indian Penal Code.

Both parties are their own cousin and there is land dispute between them. It has been stated that while tractor was going on for ploughing the field the same was intercepted. Arvind Pandey has caused injury to Ram Pandit by Kudal, Yogendra Pandit has caused injury by Khanti on the head of Gopal Pandit and Ganga Pandit who is petitioner no.7 has caused injury by Hasua on the head of the informant.

Patna High Court Cr.Misc. No.41235 of 2017 (2) dt.06-10-2017 Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioner nos. 1 to 6, namely, Gobi alias Govind Pandit alias Gobi Pandit, Nitish alias Nitish Kumar Pandit alias Nitesh Pandit, Bijay Pandit, Pankaj Pandit, Rinku Pandit alias Rinku Kumar Pandit and Paran Pandit alias Paras Pandit, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate XIV, Bhagalpur in connection with Antichak P.S. Case No.24 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

So far prayer for bail of petitioner no.7, Ganga Pandit is concerned, this Court is not inclined to enlarge him on anticipatory bail. Accordingly the prayer for bail is rejected. However, if petitioner no.7 surrenders before the court below within a period of four weeks from today, the court below will pass an order on its own merit without being prejudiced by the order passed by this Court.

Vinay/- (Shivaji Pandey, J) U T