IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24879 of 2025 Arising Out of PS. Case No.-300 Year-2024 Thana- NAUBATPUR District- Patna ====================================================== 1. Laldeo Pandit S/o- Late Ramswaroop Pandit Resident of Village- Savarchak PS- Naubatpur District- Patna 2. Mukesh Pandit S/o- Laldeo Pandit Resident of Village- Savarchak PS- Naubatpur District- Patna ... ... 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. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 20-06-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 307, 302, 379, 427 and 504 of the Indian Penal Code. 3. The first information report discloses a story that the informant’s son Sudhir Kumar was returning from office by his car along with one Sachin Kumar but they did not reach home. An information was given by the mukhiya Pappu at 4:00 AM on the same day that the son of the informant Sudhir Kumar and Sachin Kumar have been brutally assaulted by the villagers on the suspicion of being thieves and accordingly the informant Patna High Court CR. MISC. No.24879 of 2025(3) dt.20-06-2025 2/4 reached the police station and took both the injured for treatment to the hospital from where his son was referred to PMCH where he died during course of treatment. It has been alleged that the other injured Sachin Kumar has made entire narration of events according to which it appears that while the deceased and Sachin Kumar had stopped at a shop for purchasing Shikhar, the petitioner no.2 Mukesh Pandit who happens to be the son of the petitioner no.1 Laldeo Pandit refused to give Shikhar whereupon an altercation took place and upon raising an open alarm by mother of petitioner no.2, thereupon 9 persons and 10 unknown persons gathered being variously armed and brutally assaulted the deceased and Sachin Kumar and also damaged the vehicle. There is a specific allegation that while the petitioner no.2 pulled out the deceased Sudhir Kumar, another co-accused Santosh Kumar pulled out Sachin Kumar from the car. 4. Learned counsel for the petitioners submits that as a matter of fact there is general and omnibus allegation of assault upon a number of villagers on the deceased and Sachin Kumar taking them to be thieves. So far the petitioner no.1 is concerned, there is only allegation that the deceased had stopped on the shop of petitioner no.1 for buying shikhar and Patna High Court CR. MISC. No.24879 of 2025(3) dt.20-06-2025 3/4 subsequently he has been named along with all other persons that they together assaulted the deceased and Sachin Kumar. Further, the specific allegation on petitioner no.2 is only to the extent that he had pulled out the deceased from the car after which he was assaulted by a number of villagers. Learned counsel for the petitioners has placed reliance on an order dated 10.01.2025 passed in Cr. Misc. No. 72486 of 2024 whereby co- accused Santosh Kumar has been granted the privilege of bail by a co-ordinate Bench of this Court who is similarly situated to the petitioner no.2 as even against him the allegation is of pulling out the other injured Sachin Kumar and thereafter the allegation upon the co-accused Santosh Kumar and the petitioner no.2 is the same. It has also been pointed out that co- accused Ramuna Devi, who is wife of the petitioner no.1, has also been granted bail by this Court vide order dated 04.04.2025 passed in Cr. Misc. No. 86718 of 2024. Petitioners are in custody since 31.05.2024 and they have no criminal antecedent. 5. Learned APP opposes the prayer for bail of the petitioners. 6. Taking into consideration the fact that the incident seems to have occurred as a result of mob fury and violence on probably a mistaken belief and also considering the fact that Patna High Court CR. MISC. No.24879 of 2025(3) dt.20-06-2025 4/4 similarly situated co-accused Santosh Kumar has been granted the privilege of bail, let the, above named, petitioners be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Danapur in connection with Naubatpur P.S. Case No. 300 of 2024, subject to condition that; (I) One of the bailors would be a close relative of the petitioners. (II) The petitioners would cooperate in the trial after his release and if it is found that they are trying to delay the trial in any manner, in that event the learned trial Court is at liberty to cancel their bail bonds forthwith after recording reasons. ajay/- (Soni Shrivastava, J) U T