Pandav Kumar @ Pandav Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80960 of 2024 Arising Out of PS. Case No.-153 Year-2024 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Pandav Kumar @ Pandav Mahto Son of Ranjit Mahto Resident of Village - Chauki, Ward No.- 10, P.S.- Sahebpur Kamal, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Sahebpur Kamal P.S. Case No. 153 of 2024 dated 30.05.2024, instituted for the offence punishable under Sections 341, 143, 323, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act.
3. The allegation against the petitioner is that he assaulted with butt of pistol on the head of Ranjan Kumar with intention to kill him.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.80960 of 2024(2) dt.04-12-2024 2/3 petitioner is innocent and he has been falsely implicated in this case. It is further submitted that both the parties are agnates. It is next submitted that allegation against the petitioner is of assaulting on the head of Ranjan Kumar with butt of the pistol but as per the injury report, the injury sustained by Ranjan Kumar is simple in nature. It is also submitted that there is a land dispute between the parties. A title suit bearing Title Suit No. 07 of 2021 has been filed by father of the petitioner against informant and his family members which is pending for its adjudication due to which the petitioner has been falsely implicated in this case. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Sahebpur Kamal P.S. Case No. 153 of 2024, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IVth, Begusarai, subject to condition as
Patna High Court CR. MISC. No.80960 of 2024(2) dt.04-12-2024 3/3 laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T