Allowed

Anil Pandit v. The State of Bihar

Patna HC10 Nov 2023CR. MISC./53488/2022

Case brief

AI extract

What is this about?

The High Court of Patna allowed regular bail applications filed by Anil Pandit, Rajeev Pandit, and Santosh Sah. The petitioners are charged with offences including murder (Section 302 IPC) in a case where the deceased died after 36 hours of treatment. The bail order was passed considering the trial had commenced.

What did the court decide?

Petitioners released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.

Anil Pandit Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53488 of 2022

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Arising Out of PS. Case No.-50 Year-2022 Thana- WARISNAGAR District- Samastipur

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======================================================

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1. ANIL PANDIT S/o RAM DEO PANDIT Resident of Village - Gohi, P.S.Warisnagar, Distt- Samastipur

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1. Rajeev Pandit S/o Baleshwar Pandit Resident of Village- Gohi, P.S.Warisnagar, Distt- Samastipur ... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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======================================================

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with CRIMINAL MISCELLANEOUS No. 59016 of 2022

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Arising Out of PS. Case No.-50 Year-2022 Thana- WARISNAGAR District- Samastipur ====================================================== SANTOSH SAH Son of Late Sahdev Sah Resident of village - Gohi, P.S.Warishnagar, District - Samastipur.

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... ... Petitioner/s Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 53488 of 2022) For the Petitioner/s : Mr.Bijay Bhushan Prasad For the Opposite Party/s : Mr.Uday Chand Prasad (In CRIMINAL MISCELLANEOUS No. 59016 of 2022) For the Petitioner/s : Mr.Md. Hussamuddin Azad For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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5 10-11-2023

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Re:- Cr. Misc. 53488 of 2022.

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Heard the learned counsel for the petitioners, learned

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APP for the State and learned counsel for the informant.

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Let the defect(s), if any, be removed within a

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period of four weeks from today.

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The petitioners seek bail in connection with

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Patna High Court CR. MISC. No.53488 of 2022(5) dt.10-11-2023 2/4

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Warisnagar P.S. Case No. 50 of 2022 registered for the offence under Sections 147, 148, 149, 341, 342, 323, 324, 307, 379, 504 of the Indian Penal Code and later Section 302 of the Indian Penal Code was added.

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As per the prosecution case, the allegation against the petitioners is that they have assaulted the deceased.

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Learned counsel for the petitioner submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that there is no allegation by the prosecution of tampering with the evidence by the accused persons and there is general and omnibus allegation against all the accused persons of assaulting the deceased.

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Learned counsel for the petitioners also submits that the petitioner is in custody since 16.03.2022.

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Learned A.P.P. has vehemently opposed the prayer for bail by contending that the charges have been framed and the trial has already began and two witnesses have already been examined.

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Considering the fact that the trial has started and the petitioners have remained in custody for more than 1.5 years and also considering the fact that there is general and omnibus allegation against all the accused persons of assaulting the

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Patna High Court CR. MISC. No.53488 of 2022(5) dt.10-11-2023 3/4

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deceased and he died after 36 hours during his treatment, this application for regular bail is allowed.

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Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Samastipur in connection with Warisnagar P.S. Case No. 50 of 2022.

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Re:- Cr. Misc. 59016 of 2022.

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Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

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Let the defect(s), if any, be removed within a period of four weeks from today.

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The petitioner seeks bail in connection with Warisnagar P.S. Case No. 50 of 2022 registered for the offence under Sections 147, 148, 149, 341, 342, 323, 324, 307, 379, 504, 506 and 302 of the Indian Penal Code.

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As per the prosecution case, the allegation against the petitioner is that he has assaulted the deceased.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is no allegation by the prosecution of tampering with the evidence by the accused

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Patna High Court CR. MISC. No.53488 of 2022(5) dt.10-11-2023 4/4

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persons and there is general and omnibus allegation against all the accused persons of assaulting the deceased.

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Learned counsel for the petitioner also submits that the petitioner is in custody since 09.06.2022.

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Learned A.P.P. has vehemently opposed the prayer for bail by contending that the charges have been framed and the trial has already began and two witnesses have already been examined.

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Considering the fact that the trial has started and the petitioner has remained in custody for a period of about 1.5 years and also considering the fact that there is general and omnibus allegation against all the accused persons of assaulting the deceased and he died after 36 hours during his treatment, this application for regular bail is allowed.

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Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Warisnagar P.S. Case No. 50 of 2022.

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(Sandeep Kumar, J)

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Vikas/-

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U T

Anil Pandit v. The State of Bihar

Case brief

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Anil Pandit v. The State of Bihar

Case brief

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