Naresh Pandit @ Ram Naresh Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72783 of 2024 Arising Out of PS. Case No.-244 Year-2024 Thana- DIGHWARA District- Saran ====================================================== Naresh Pandit @ Ram Naresh Pandit S/o Late Munshi Pandit, R/o VillageKesharpur, P.S.- Dighwara, District- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Dighwara P.S. Case No.244 of 2024 instituted under Sections 341, 323, 324, 307, 379, 354, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, on the alleged date of occurrence while the informant's father and mother were flowing raining water from the street, all the accused persons including the petitioner having armed with various weapons like iron rod, pistol and knife arrived at the house of informant. It is alleged that co-accused Parmanand Sah shot fired aiming at the father of informant which did not fire, then he assaulted the father of informant with the butt of pistol due to which he

Patna High Court CR. MISC. No.72783 of 2024(2) dt.23-10-2024 2/3 sustained head injury. Co-accused Pappu Pandit is alleged to have inflicted iron rod blow on the body of the mother of informant, tore her clothes and snatched her Jitiya (made of gold). When the informant came to save her, co-accused Raju Pandit inflicted iron rod blow which hit to petitioner due to which he sustained head injury. It is further alleged that coaccused Parmanand Sah and Pappu Pandit caught hold the informant and co-accused Rajan Pandit and Meena Pandit inflicted knife blow in the abdomen of informant causing injury to him.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that except the allegation that petitioner was present at the place of occurrence, there is no specific role attributed against the petitioner, rather petitioner himself got injured. Learned counsel submits that there is land dispute between the parties and some altercation took place in which both the parties got injury. He further submits that there is case and counter case. Learned counsel submits that petitioner is aged about more than 65 years, having no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.72783 of 2024(2) dt.23-10-2024 3/3 anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Saran at Chapra in connection with Dighwara P.S. Case No.244 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T