Disposed

Sanjit Pandit @ Sanjeet Kumar v. The State of Bihar

Patna HC2 Aug 2024CR. MISC./51907/2023

Case brief

AI extract

What is this about?

Anticipatory bail sought by a petitioner apprehending arrest in a murder case arising from an assault in which the informant's brother died of head injuries. The court found specific allegations against the petitioner, declined anticipatory bail, and directed surrender within six weeks to seek regular bail.

What did the court decide?

No anticipatory bail granted; petitioner directed to surrender before the court below within six weeks and may apply for regular bail on its own merits.

Sanjit Pandit @ Sanjeet Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51907 of 2023

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Arising Out of PS. Case No.-2 Year-2021 Thana- ARWAL District- Jehanabad

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

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SANJIT PANDIT @ SANJEET KUMAR Son of Rambhu Pandit Resident of village - Balu Bigha, P.O. - Hasanpur Pipra, P.S. - Arwal, Distt. - Arwal

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... ... 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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====================================================== Appearance : For the Petitioner/s : Mr.Akshay Lal Pandit For the Opposite Party/s : Mr.Navin Kumar Pandey ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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8 02-08-2024

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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2 . The petitioner is apprehending his arrest in a case in connection with Arwal P.S. Case No. 02 of 2021 dated 02.01.2021 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 504, 506 and 302 of the I.P.C.

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As per the prosecution case, on 01.01.2021 at about 6. P.M., the co-accused Pawan Kumar under the influence of intoxication, abused the niece of the informant. When the brother of the informant approached the accused persons including the petitioner who were variously armed with lathi, danda and rod for questioning about the matter, they attacked upon him. The petitioner Sanjit Kumar assaulted the brother of

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Patna High Court CR. MISC. No.51907 of 2023(8) dt.02-08-2024 2/3

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the informant with rod causing head injury. The co-accused Gautam Kumar and Pawan Kumar also assaulted his brother on his head. When the informant and his nephew went to save him then all the accused persons also assaulted them. On arrival of the nearby people, the accused persons fled away. The injured persons were taken to the hospital for treatment but the brother of the informant succumbed to his injury.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. The similar co-accused who is convicted, has already been granted bail by the Co-ordinated Bench of this court vide order dated 06.02.2024 passed in Cr. Appeal (DB). No. 50 of 2023. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

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Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner and stated that there is specific allegation against the petitioner of assaulting the informant's brother with iron rod due to that he died. The coaccused also assaulted on his head. As per the P.M. report, death was due to cranio-celebral damage consequent upon head injuries resulting from impact of hard and blunt substance.

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6 . Considering the aforesaid facts and circumstances of

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Patna High Court CR. MISC. No.51907 of 2023(8) dt.02-08-2024 3/3

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the case, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the Court below concerned within six weeks from today and pray for regular bail and the learned Court below may consider the prayer for regular bail of the petitioner in accordance with law and on its own merits without being prejudiced by this order.

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7 . The application stands disposed of.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Sanjit Pandit @ Sanjeet Kumar v. The State of Bihar

Case brief

What is this about?

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Sanjit Pandit @ Sanjeet Kumar v. The State of Bihar

Case brief

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