Sohan Kumar Pandit @ Sohan Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63442 of 2019 Arising Out of PS. Case No.-106 Year-2019 Thana- JALALPUR District- Saran ====================================================== 1.
SOHAN KUMAR PANDIT @ SOHAN PANDIT Son of Jitendra Pandit Resident of Village - Nawada, P.S.- Jalapur, District - Saran at Chapra 2.
Sunita Kumari @ Sunita Devi Daughter of Jitendra Pandit Resident of Village - Nawada, P.S.- Jalapur, District - Saran at Chapra 3.
Shailendra Kumar Pandit @ Shailendra Pandit Son of Ganesh Pandit Resident of Village - Nawada, P.S.- Jalapur, District - Saran at Chapra 4.
Hirazhari Devi Wife of Jitendra Pandit Resident of Village - Nawada, P.S.- Jalapur, District - Saran at Chapra 5.
Parvati Devi Wife of Sarokan Pandit Resident of Village - Nawada, P.S.- Jalapur, District - Saran at Chapra 6.
Sudarshan Pandit Son of Sukhdan Pandit Resident of Village - Nawada, P.S.- Jalapur, District - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kumar Yadav For the Informant : Mr. Ankur Prakash Sinha, Mr. Aryan Sinha, For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-10-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 307, 504 of the Indian Penal Code registered in connection with Jalalpur P.S. Case No. 106 of 2019.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of petty dispute and the parties are agnates. There is case and counter case between the parties. A statement is made at the Bar that there is no injury report on
Patna High Court CR. MISC. No.63442 of 2019(2) dt.21-10-2019 2/3 record to corroborate the accusation of assault by the accused persons. The petitioners claim clean antecedents.
4. Learned APP assisted by learned counsel for the informant appear and has been heard. Reference is invited to the order of the learned Additional Sessions Judge observing that the injuries of the informant is appears to be grievous in nature.
5. Be that it may, in the event of petitioners' arrest or surrender within four weeks hereof let the above named petitioners be released on provisional bail on furnishing bail bond of Rs.10,000/- [ten thousand] each with two sureties of like amount each to the satisfaction of learned ACJM-5 at Chapra in connection with Jalalpur P.S. Case No. 106 of 2019 subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions:
(i) That one of the bailors shall be a close relative of the petitioners.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner nos. 1, 3 and 6 shall remain physically present in Court on each and every date during trial and the petitioner nos. 2, 4 and 5 shall be well represented in Court on each and every date during trial except as and when directed by the learned Court below to be physically present, and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
6. The provisional bail granted to the petitioners shall be
Patna High Court CR. MISC. No.63442 of 2019(2) dt.21-10-2019 3/3 confirmed by the learned Court below upon verification within a further period of four weeks after furnishing bail bonds, that no grievous injury has been caused to the informant, conversely, their bail bonds shall stand automatically cancelled. (Vikash Jain, J) Chandran/- U T