Allowed

Birendra Pandit v. The State Of Bihar

Patna HC10 May 2016CR. MISC./20286/2016

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner apprehending arrest in a case under Sections 341, 323, and 307/34 IPC. The Court noted the bonafide dispute genesis, lack of medical corroboration for the accusation, and authorized release within 12 weeks of arrest.

What did the court decide?

Petitioner released on anticipatory bail for 12 weeks on furnishing bond of Rs. 10,000 with two sureties.

Birendra Pandit Vs The State Of Bihar — Anticipatory Bail | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20286 of 2016

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Arising Out of PS.Case No. -150 Year- 2016 Thana -NAWADA District- NAWADA ====================================================== Birendra Pandit Son of chandreshwar pandit Resident of MohallaBhadaini Devi Asthan, P.S. Nawada (T),District-Nawada .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Mishra For the Opposite Party/s : Mr. Narendra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 10-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323 and 307/34 of the Indian Penal Code.

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The prosecution case is that for a dispute with regard to blocking the passage in front of the house of the informant the petitioner Birendra Pandit and co-accused Dharmendra Pandit assaulted the informant with iron rod causing head injury. When the informant’ wife Anita Devi came to rescue then she was also assaulted by the wives of Dharmendra Pandit and Birendra Pandit.

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It is submitted by learned counsel for the

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Patna High Court Cr.Misc. No.20286 of 2016 (2) dt.10-05-2016

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petitioner that for a bonafide dispute with regard to blocking the passage the occurrence took place when the informant has received only one injury over the parietal region which has been found to be simple in nature.

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A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

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Considering the genesis of the occurrence and the accusation being not corroborated by the medical opinion, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada (T) P.S. Case No. 150 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Dinesh Kumar Singh, J)

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DKS/-

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U T

Birendra Pandit v. The State Of Bihar

Case brief

What is this about?

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Birendra Pandit v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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