Dinesh Pandit v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 307, 323, 341, 354B, 427, 504, 506
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr.Mukesh Kumar No1 Mr.Ram Bilash Roy Raman 2 17-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 354B, 307, 504, 506, 427/34 of the Indian Penal Code.
Petitioner along with other accused persons are said to have assaulted the wife of the informant.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute. He submits that the injury found upon the victim is simple in nature. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that occurrence took place on 14.08.2023 but the FIR has been lodged on 17.08.2023 after delay of 3 days without explaining any reasonable cause of delay. He submits that both Patna High Court CR. MISC. No.4041 of 2024(2) dt.17-02-2024 parties are agnate and due to land dispute, the instant case has been lodged. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
Learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ghoshi P.S. Case No. 536 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. devendra/- U T (Anjani Kumar Sharan, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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