Bindeshwar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45595 of 2018 Arising Out of PS. Case No.-361 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ======================================================

1. Niramala Devi, wife of Bashudeo Ray,

2. Bashudeo Ray, son of Late Mahendra Ray, Both resident of Village- Chaksakra, P.S.- Sadar Hajipur, District- Vaishali. ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== with Criminal Miscellaneous No. 49476 of 2018 Arising Out of PS. Case No.-361 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Bindeshwar Pandit son of Late Doma Pandit resident of village - Panapur Gaurahi, P.S. - Hajipur Sadar, District - Vaishali. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Partys ====================================================== Appearance :

(In Criminal Miscellaneous No. 45595 of 2018) For the Petitioners :

Mr. Vasant Vikas, Adv.

For the Opposite Party :

Mr. Sanjay Kumar Singh, A.P.P.

(In Criminal Miscellaneous No. 49476 of 2018) For the Petitioners :

Mr. Rajeev Ranjan, Adv.

For the Opposite Party :

Mr. Sanjay Kumar Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-08-2018 Since both cases arise from same P.S as such they are taken up together for consideration.

Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Hajipur Sadar P.S. Case No. 361 of 2018 registered for the offences punishable under Sections 341, 342, 323, 353, 212, 412 and 34 of the Indian Penal Code. Informant who is a Police Officer has stated in his

Patna High Court Cr.Misc. No.45595 of 2018(3) dt.31-08-2018 2/2 written complaint that on secret information received about the son of petitioner, he along with police party reached the house of petitioner and on search of his house Rs. 50,000/- was recovered which has been said to be looted from bank. It has been alleged that on the said recovery petitioners prevented police party in discharge of their official work and misbehaved with them.

It has been submitted on behalf of the petitioners that they are innocent. They have been falsely implicated in this case at the instance of their enemies, nothing has been recovered from their possession. Petitioners are old age person. They have got no criminal antecedent and they are in custody since 10.06.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 361 of 2018. (S. Kumar, J) Rajiv/manoj U T