IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43677 of 2011 Mahadev Pandit & Ors. Versus The State Of Bihar ---------------------------------- 2. 20.12.2011 Heard learned counsel for the petitioners and State. Petitioners are apprehending their arrest in Gaighat P.S.Case No. 108 of 2011 registered u/s 147, 148, 149, 379 and 374 IPC. In Para-8 of the petition it has been stated that the petitioner no.1 is a retired Govt. teacher, petitioner nos. 3 and 4 are teachers posted in Middle School, Susta, Gaighat, Muzaffarpur and petitioner no.2 is on the verge of retirement and have common ancestor. According to the FIR, petitioners looted the Gumti of the informant on 21st April 2011 and all the materials have been thrown in the river. After that his son has disappeared. It has further been stated that the material was of Rs.2-3 lacs and on enquiry the villagers had given names of petitioners and others. It has been submitted by the petitioners that this case has been filed due to election dispute. In the Panchayat election one Rinki Devi wife of Ram Kumar Pandit was a candidate for the post of member Panchayat, Samiti and one Kailee Devi was also contesting 2 for the said post. Informant was supporter of Kaili Devi and during the election there was exchange of hot words between the informant and Mauje Pandit and the informant brutally assaulted Mauje Pandit and his son as a result of which he was hospitalized which resulted in filing of Gaighat P.S.Case No. 109 of 2011. It has further been submitted that the allegations against the petitioners are vague and omnibus and there is no specific allegation against them. Petitioners have no criminal history. In the facts and circumstances of the case, in the event of arrest or surrender within 4 weeks, petitioners, namely, (1) Mahadev Pandit, (2) Gopal Pandit, (3) Ramesh Pandit and (4) Keshav Pandit are directed to be released on bail on their furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in Gaighat P.S.Case No.108 of 2011, subject to the conditions laid down u/s 438(2) Cr.P.C. and on the undertaking by the petitioners that they will co-operate with the investigation and trial and will make themselves available at the time of framing of charge. Jay/ (Shivaji Pandey, J)