Rajesh Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80540 of 2019 Arising Out of PS. Case No.-457 Year-2018 Thana- JAMUI District- Jamui ====================================================== RAJESH PANDIT, aged about 26 years, Male, Son of Mauleshwari Pandit @ Maleshwari Pandit, Resident of Village Kakan, P.S.- Jamui, District - Jamui. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Niranjan Parihar, Advocate.

For the Opposite Party :

Mrs. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 302/34, 120(B) of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that on the alleged date and time of occurrence, while the informant alongwith her husband was sitting at her door, the petitioner alongwith other co-accused persons came to her house and started hurling abuses. On protest was being made by her, co-accused Sanjay Pandit opened firearm from his pistol on the informant's

Patna High Court CR. MISC. No.80540 of 2019(2) dt.09-12-2019 2/3 husband as result of which, he succumbed to injuries. The genesis of occurrence is due to land dispute between the parties. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The main allegation is against co-accused Sanjay Pandit who is said to be the main assailant. Neither there is specific overt act alleged against the petitioner nor there is specific injury attributed against the petitioner. The participation of the petitioner is only being suspected as a conspirator. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Jamui, in connection with Jamui P.S. Case No. 457 of 2018, subject to

Patna High Court CR. MISC. No.80540 of 2019(2) dt.09-12-2019 3/3 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T