Brishketu Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26693 of 2017 Arising Out of PS.Case No. -110 Year- 2017 Thana -BANKA District- BANKA ======================================================

1. Brishketu Pandit Son of Suchit Lal Pandit, Resident of Village- Parghari, P.S.- Barahat, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-06-2017 Heard the parties.

The petitioner seeks regular bail in connection with Banka (Barahat) P.S.Case No.110 of 2017, registered for offences punishable under Sections 341, 323, 324, 325, 307 & 379 of the Indian Penal Code.

Allegation against the petitioner and other accused persons is about indiscriminately assault on the informant and his family members, causing injury to the several members. It is submitted on behalf of the petitioner that so far this petitioner is concerned, there is no specific allegation of assault to any person rather there is general allegation of assault and further the F.I.R. shows that he was armed with 'Farsa', though some injured have received grievous injury and that has been caused by

Patna High Court Cr.Misc. No.26693 of 2017 (2) dt.30-06-2017 2/2 the hard and blunt substance. The petitioner is in custody for more than 4 1⁄2 months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Banka in connection with Banka (Barahat) P.S.Case No.110 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U