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Patna High Court

Rajan Pandit @ Rajan Kumar PanditversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a Rs. 10,000 bond with two sureties.

Summary

The petitioner, Rajan Pandit, was arrested in connection with a violent incident in which multiple parties, including co‑accused Meena Devi and Raju Pandit, allegedly assaulted the deceased and each other. The deceased later died of septicemia 36 days after the incident. The petitioner contended that there was a mutual fight, that he suffered injuries, and that there was no intention to kill. The State opposed bail, emphasizing the petitioner’s alleged infliction of knife wounds. Considering the mutual nature of the fight, the injuries to all parties, and the lack of clear intent to murder, the court granted bail on a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious offences alleged under the IPC.
  • Whether the circumstances of a mutual fight and lack of intent to kill justify bail.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • assault
  • murder
  • septicemia
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69364 of 2025
                       Arising Out of PS. Case No.-244 Year-2024 Thana- DIGHWARA District- Saran
                 ======================================================
                 Rajan Pandit @ Rajan Kumar Pandit S/O Naresh Pandit Resident of village-
                 Kesharpur, P.S.- Dighwara, District- Saran at chapra         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dewendra Narayan Singh
                 For the Opposite Party/s :       Mr.Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   05-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections-341, 323, 324, 307, 379, 354,

                   504, 506, 34 of the Indian Penal Code.

                                3. According to allegation, the co-accused Parmanand

                   Sah assaulted the deceased on his head. The allegation against

                   the petitioner and co-accused Meena Devi is that they inflicted

                   knife blows on stomach of the deceased.

                                4. It has been submitted on behalf of the petitioner

                   that both the parties have suffered injuries. There is case and

                   counter case between the parties and father of the petitioner has

                   suffered grievous injuries. The further submission is that there

                   was no intention of the petitioner to kill the deceased. The

                   deceased died 36 days after the occurrence and the cause of
            Patna High Court CR. MISC. No.69364 of 2025(5) dt.05-02-2026
                                                        2/2




                      death, in the opinion of the doctor, was septicemia. Learned

                      counsel has submitted that the petitioner is under custody since

                      30-06-2025.

                                   5. On the other hand, learned counsel appearing for

                      the informant has opposed the prayer for bail by submitting that

                      the petitioner has inflicted knife blows and the co-accused

                      Meena Devi has also inflicted knife blows. The co-accused,

                      Raju Pandit also assaulted the informant with rod.

                                   6. It appears that there was free-fight between two

                      groups and both the parties have suffered injuries. The father of

                      the petitioner has suffered grievous injuries. The deceased died

                      after 36 days of the occurrence due to septicemia. The petitioner

                      is under custody since 30-06-2025.

                                   7. Considering the aforesaid facts and circumstances,

                      let the petitioner named above, 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 learned Additional Chief

                      Judicial Magistrate-II, Saran at Chapra in connection with

                      Dighwara P.S. Case No. 244 of 2024.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-
U       T


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