Sidheshwar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77138 of 2023 Arising Out of PS. Case No.-90 Year-2023 Thana- SIMULTALLA District- Jamui ====================================================== Sidheshwar Pandit S/O Dukhan Pandit Village- Piyarfad, Ps. Simultalla, Dist. Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 324, 307, 448, 379, 504, 506/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that all the F.I.R named accused persons including the petitioner came at the door of the informant and started abusing him and when the informant made protest, he was assaulted by all the accused persons including the petitioner and when father of the informant came for his

Patna High Court CR. MISC. No.77138 of 2023(2) dt.05-12-2023 2/3 rescue, he was also assaulted by the accused persons. The accused persons also took away Rs. 20000/- from the house of the informant and threatened of dire consequences.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is full brother of the informant and in the background of some land dispute, the present accusation has been levelled against him. Moreover, good sense has prevailed between the parties and both sides have compromised the matter. The compromise petition is annexed as Annexure-P/4 to the petition. The petitioner is languishing in custody since 01.09.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be

Patna High Court CR. MISC. No.77138 of 2023(2) dt.05-12-2023 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamui in connection with Simultalla P.S. Case No. 90 of 2023.

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