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Patna High CourtCR. MISC./73964/2023allowed

Ranjeet Pandit v. The State Of Bihar

2024-01-23Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73964 of 2023 Arising Out of PS. Case No.-8 Year-2021 Thana- KORMA District- Sheikhpura ====================================================== Ranjeet Pandit Son Of Naresh Pandit Resident Of Village- Bhumay P.SAkbarpur District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Murad Ashraf For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code and Sections 3/4/5 of Prevention of Witch Practices Act.

3. Allegation against the petitioner along with other co-accused persons is that they committed murder of the informant's sister because the petitioner's wife could not conceive and they used to call daiin and jogin to the deceased.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Informant is not the eye witness of the alleged occurrence. No one had seen the

Patna High Court CR. MISC. No.73964 of 2023(3) dt.23-01-2024 2/3 petitioner fleeing from the place of occurrence, only on the basis of hearsay witness, he has been dragged in this case. It is further submitted from para-17 of this petition that the petitioner who is an employee of Laxmipati Engineering Work Ltd, was at his place of work at Surat, Gujarat on the alleged day of occurrence and in support of this, attendance sheets and certificate issued by the employer have been annexed as Annexure-P3 series of this petition. From perusal of the impugned order, it is mentioned that co-accused, namely, Janki Devi who is also named in FIR, was acquitted from this case vide Session Trial No. 59/21 on 29.06.2022. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 05.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Korma P.S. Case No. 08 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with

Patna High Court CR. MISC. No.73964 of 2023(3) dt.23-01-2024 3/3 two sureties of the like amount each to the satisfaction of learned C.J.M., Sheikhpura.

(Sunil Kumar Panwar, J) Shubham/- U T