Datla Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66537 of 2024 Arising Out of PS. Case No.-132 Year-2022 Thana- BARARI District- Katihar ====================================================== Datla Pandit, aged about 25 years, Male, Son of Bablu Pandit, Resident of Village- Mohanadih, P.S.- Barari, Semapur, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with S.T. No. 584 / 2023 arising out of Barari (Semapur) P.S Case No. 132 of 2022 registered for the offences punishable under Sections 147, 149, 307, 341, 34 of the I.P.C and 27 of the Arms Act.

3. As per prosecution case, 7-8 persons entered into the house of the informant and started firing.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to dirty village politics. It is further submitted that there is no specific allegation against the petitioner whereas allegation is general and omnibus. He further submits that petitioner is named in the FIR along with seven other persons but neither any specific

Patna High Court CR. MISC. No.66537 of 2024(2) dt.18-01-2025 2/2 allegation nor any overt act has been alleged against the petitioner. It is also submitted that petitioner is in judicial custody since 24.06.2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody, it appears that no injury was caused by the alleged firing and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner that similarly situated co-accused persons namely Dhiraj Singh @ Mukesh Kumar and Suman Kumar have been granted bail by this Court in Cr. Misc. Nos. 14113 of 2024 and 19654 of 2024 vide orders dated 22.04.2024 and 22.03.2024, respectively, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Katihar in connection with S.T. No. 584 of 2023 arising out of Barari (Semapur) P.S. Case No. 132 of 2022.

(Ramesh Chand Malviya, J) Anand Kr.

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