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2008 DAILYLAW 1801 (PAT)

Jitendra Pandit v. The State of Bihar

CR. MISC./2008/2026 · 2026-02-24

Sourendra Pandey

body2008

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2008 of 2026 Arising Out of PS. Case No.-67 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== 1. Jitendra Pandit S/O Dharshan Pandit R/O Village- Rata, P.S- Halsi, Distt.- Lakhisarai. 2. Fulendra Pandit S/O Dharshan Pandit R/O Village- Rata, P.S- Halsi, Distt.- Lakhisarai. 3. Alkhi Devi W/O Dharshan Pandit R/O Village- Rata, P.S- Halsi, Distt.- Lakhisarai. 4. Dharshan Pandit S/O Late Narayan Pandit R/O Village- Rata, P.S- Halsi, Distt.- Lakhisarai. 5. Arti Kumari @ Arti Devi W/O Fulendra Pandit R/O Village- Rata, P.S- Halsi, Distt.- Lakhisarai. 6. Arti Devi W/O Jitender Pandit R/O Village- Rata, P.S- Halsi, Distt.- Lakhisarai. 7. Dinesh Pandit S/O Late Jharo Pandit R/O Village- Rata, P.S- Halsi, Distt.- Lakhisarai. 8. Santu Kumar S/O Dinesh Pandit R/O Village- Rata, P.S- Halsi, Distt.- Lakhisarai. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 3 24-02-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in anticipation of their arrest in connection with Halsi P.S. Case No. 67 of 2023 instituted for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 427, 448 and 506 of the Indian Penal Code. Patna High Court CR. MISC. No.2008 of 2026(3) dt.24-02-2026 2/4 3. The allegations as per the prosecution case is that all the named accused persons including the petitioners and some other persons entered the house of the informant and assaulted the informant’s husband causing head injury. It is further alleged that Fulendra Pandit (petitioner no. 2) assaulted the informant’s husband by means of Khanti and while Arti Kumari @ Arti Devi (petitioner no. 5) assaulted the informant by means of bricks and it is further alleged that the petitioners assaulted Shubani Kumari and Kavita Kumari, daughters of the informant. 4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated and no such incident, as alleged, has occurred. It is further submitted that the entire family has been implicated in a false and concocted case and moreover though the injuries stated to have been caused by assault of Khanti and iron rod, however, from the counter affidavit it would appear that the injuries were found to be simple in nature. It has next been submitted that there is general and omnibus allegations levelled against all the petitioners and for the same incident there was a counter case lodged by petitioner no. 3 and in which persons of the petitioners’ side had received injuries. It has lastly been submitted that all the Patna High Court CR. MISC. No.2008 of 2026(3) dt.24-02-2026 3/4 petitioners have clean antecedents. 5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail of the petitioners and has stated that the husband of the informant had received injuries and all the petitioners were involved in the same. 6. Considering the facts and circumstances of the case and taking into account the nature of injuries and the general nature of allegation, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Halsi P.S. Case No. 67 of 2023, subject to the conditions as laid down under Section 482 of the BNSS and subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioners and the other shall be a local resident: (ii) the petitioners will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court; (iii) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will liable to be Patna High Court CR. MISC. No.2008 of 2026(3) dt.24-02-2026 4/4 cancelled by the Court concerned; (iv) the Court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bonds of the petitioners. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification. 7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. krishna/- (Sourendra Pandey, J) U T