Visheshwar Pandit @ Visho Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81072 of 2024 Arising Out of PS. Case No.-95 Year-2024 Thana- BARHAT District- Jamui ====================================================== Visheshwar Pandit @ Visho Pandit S/O Late Kartik Pandit R/O Banjhipyar Bhaluka, P.S- Barhat, Distt.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Jay, Advocate For the Opposite Party/s :
Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 24-04-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Barhat P.S. Case no.95 of 2024 registered under Sections 126(2), 115, 117(3), 352, 351 and 3(5) of the B.N.S, 2023.
3. As per the prosecution case, on 30.07.2024 at about 8:30 a.m. all three named accused persons including the petitioner herein came to the house of the informant variously armed and started abusing the informant. On protest, the petitioner assaulted the informant with back side of axe on the right ear due to which he sustained injures. Accused Rajeev Pandit and Visheshwar Pandit assaulted the brother of the informant with knife due to which he sustained injuries to his right hand and shoulder.
Patna High Court CR. MISC. No.81072 of 2024(4) dt.24-04-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. There is general and omnibus allegation levelled against the petitioner of assault upon the informant. Due to land dispute, the occurrence has taken place and the informant sustained simple injuries, a copy of the injury report has been annexed in the case diary which is taken on record. Learned counsel for the petitioner further submits that out of the Sections levelled against the petitioner, it is only Section 117(3) of the B.N.S which appears to be non-bailable in nature and the same would not be applicable in the facts of the present case. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. In view of the entire facts and circumstances of the case, it is directed that the petitioner above named, having no criminal antecedent in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Barhat P.S. Case no.95 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.81072 of 2024(4) dt.24-04-2025 3/3 satisfaction of the learned Chief Judicial Magistrate, Jamui, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J) Harsh/- U T