Lal Bihari Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1482 of 2024 Arising Out of PS. Case No.-384 Year-2023 Thana- BELHAR District- Banka ====================================================== Lal Bihari Pandit S/O Kailash Pandit R/O Village- Samta, P.S- Belhar (Khesar), Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandan Prasad For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2024 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 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. Allegation against co-accused Chaila Bihari is that he assaulted the informant by sword due to which he sustained injury. It is further alleged that when informant's father came to save him then petitioner assaulted him on his head due to which also sustained injury.

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 due to village politics. There is case and counter case between both the parties and both

Patna High Court CR. MISC. No.1482 of 2024(4) dt.19-04-2024 2/2 parties have sustained injuries as alleged in separate occurrence. It is further submitted that the nature of injury of the injured is simple as per injury report which has been annexed in this petition as Annexure-2. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 16.1.2024 passed in Cr. Misc. No. 933 of 2024. Moreover, he is languishing in judicial custody since 06.09.2023.

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 Belhar (Khesar) P.S. Case No. 384 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka. (Sunil Kumar Panwar, J) sushma/- U