Tilak Pandit vs The State Of Bihar
2021 Latest Caselaw 2942 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 34512 of 2020
             Arising Out of PS Case No.-131 Year-2019 Thana- KATORIA District- Banka
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1. Tilak Pandit, aged about 30 years, Male.

2. Jamun Pandit, aged about 24 years, Male.

3. Gangu Pandit, aged about 27 years, Male.

4. Ramdev Pandit @ Rajendra Pandit, aged about 22 years, Male.

All are sons of Mahendra Pandit.

All are resident of Village- Amawaran Jayapur/Targachha, Police Station- Katoria, District Banka.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Chandra Mishra, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Satish Chandra Mishra, learned counsel

for the petitioners and Mr. Jharkhandi Upadhyay, learned

Additional Public Prosecutor (hereinafter referred to as the 'APP')

for the State.

3. The petitioners apprehend arrest in connection with

Katoriya PS Case No. 131 of 2019 dated 23.07.2019, instituted

under Sections 341, 323, 504, 324, 379/34 of the Indian Penal

Code to which later on Section 302 was added. Patna High Court CR. MISC. No.34512 of 2020 dt.01-07-2021

4. The allegation, as per the FIR is that on 23.07.2019

co-accused Mahendra Pandit, who is the father of the petitioners,

was planting mango tree on Forest Department land and when the

informant asked him not to so do, he along with Kirtan Pandit had

assaulted him with axe and also abused and threatened him and

thereafter when his wife came, the two co-accused along with the

petitioners had also assaulted her and snatched money and silver

necklace from the wife of the informant. Later the informant also

succumbed to the injuries.

5. Learned counsel for the petitioners submitted that just

because they are sons of co-accused Mahendra Pandit, who is said

to have inflicted axe blow, they have been made accused and even

otherwise, in the FIR, the allegation is only general and omnibus

of assault, that too, after the informant was assaulted by axe by

Mahendra Pandit and Kirtan Pandit. Learned counsel submitted

that they have no criminal antecedent and during investigation, in

the supervision report, it has been noted that petitioners no. 2 and

3 were also actually not physically present at the place of

occurrence at the relevant time. Learned counsel submitted that

the father of the petitioners and Kirtan Pandit are in custody since

30.08.2019 and facing trial.

Patna High Court CR. MISC. No.34512 of 2020 dt.01-07-2021

6. Learned APP, from the case diary, submitted that the

informant was killed and, in the FIR, he has explained the

sequence of events. However, it was not controverted that the

allegation of assault by the petitioners on the informant, another

person and the wife of the informant, is general and omnibus in

nature.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Banka in Katoriya PS Case No.

131 of 2019, subject to the conditions laid down in Section 438(2)

of the Code of Criminal Procedure, 1973 and further, (i) that one

of the bailors shall be a close relative of the petitioners, (ii) that

the petitioners and the bailors shall execute bond with regard to

good behaviour of the petitioners, and (iii) that the petitioners

shall also give an undertaking to the Court that they shall not

indulge in any illegal/criminal activity, act in violation of any

law/statutory provisions, tamper with the evidence or influence

the witnesses. Any violation of the terms and conditions of the Patna High Court CR. MISC. No.34512 of 2020 dt.01-07-2021

bonds or the undertaking shall lead to cancellation of their bail

bonds. The petitioners shall cooperate in the case and be present

before the Court on each and every date. Failure to cooperate or

being absent on two consecutive dates, without sufficient cause,

shall also lead to cancellation of their bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioners, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioners.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T