Kapurchand Pandey @ Karpuchand Pandey @ Ram Suresh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5313 of 2024 Arising Out of PS. Case No.-207 Year-2021 Thana- SHEOHAR District- Sheohar ====================================================== 1.

KAPURCHAND PANDEY @ KARPUCHAND PANDEY @ RAM SURESH PANDEY SON OF LATE RAM KAILASH PANDEY RESIDENT OF VILLAGE - MATHURAPUR, P.S. AND DISTRICT - SHEOHAR 2.

RAM KUMAR PANDEY @ BHARDUL PANDEY SON OF MUKHLAL PANDEY RESIDENT OF VILLAGE - MATHURAPUR, P.S. AND DISTRICT - SHEOHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Dinesh Jha, Advocate For the State :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-02-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 448, 504 and 34 of the Indian Penal Code.

3. As per prosecution case, all the F.I.R. named accused persons, including these petitioners, assaulted the informant and his son.

4. It is submitted by learned counsel appearing on behalf of the petitioners that no such occurrence, as narrated in the F.I.R., took place. Rather, the informant met with a motorcycle accident and sustained injuries and getting benefit of

Patna High Court CR. MISC. No.5313 of 2024(2) dt.17-02-2024 2/2 the situation, lodged this false and concocted case. It is also submitted that police after investigation submitted final form in favour of these petitioners. It is further submitted that both parties are agnates and no specific allegation of assault has been alleged against these petitioners. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the rival submission, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheohar, in connection with Sheohar P.S. Case No.207 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T