Sohan Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14183 of 2024 Arising Out of PS. Case No.-386 Year-2023 Thana- KHARHAGPUR District- Munger ====================================================== 1.
Sohan Pandit, (Male) aged about 37 years, 2.
Devendra Pandit (Male) aged about 49 years Both Son of Late Bindeshwari Pandit, Resident Of Village - Bhalukol, P.S. - Kharagpur, District - Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surya Narayan Sah, Advocate For the Opposite Party/s :
Mr. Bishweshwar Ram, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-03-2024 Heard Mr. Surya Narayan Sah, learned counsel appearing on behalf of the petitioners and Mr. Bishweshwar Ram, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Kharagpur P.S. Case No. 386 of 2023 dated 19.06.2023 registered for the offence punishable under Sections 341, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the allegation made in the FIR, the accused persons including the petitioners had assaulted the informant
Patna High Court CR. MISC. No.14183 of 2024(2) dt.12-03-2024 2/3 and fired upon him causing fire-arm injury on his arm.
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. Upon hearing the noise of firing, they had came at the place of occurrence. FIR has been lodged after much delay while the police station is just .03 kilometers away from the place of occurrence. On these grounds, petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made in the FIR against the petitioners, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Kharagpur P.S. Case No. 386 of 2023 dated 19.06.2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The Court below is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending
Patna High Court CR. MISC. No.14183 of 2024(2) dt.12-03-2024 3/3 against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T