Akhilesh Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1202 of 2025 Arising Out of PS. Case No.-122 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== Akhilesh Pandey S/O Mansha Pandey Resident of Village- Gurmiya Mathwa Tola, P.S- Ghorasahan, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-02-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Ghorasahan Police Station Case No. 122 of 2024, disclosing offences under Sections 341, 323, 325, 307, 354(B), 379, 504, 506 and 34 of the Indian Penal Code.
3. As per the prosecution story, the allegation against the petitioner is that on 06.03.2024, at about 10:00 P.M., the petitioner, along with other accused persons, arrived at the door of the informant and started abusing and on the order of one co-accused Kamlesh Kumar Pandey, the
Patna High Court CR. MISC. No.1202 of 2025(2) dt.24-02-2025 2/3 petitioner assaulted on the head of the informant by means of iron rod causing head injury and subsequently, other coaccused persons Akhilesh Pandey, Kamlesh Pandey and Rakesh Pandey assaulted Poonam Devi and Malti Devi and tore their clothes.
4. Learned Counsel for the petitioner submits that petitioner along with others have been made accused due to dispute regarding passage between both the parties as they are close door neighbours and the injuries sustained by Malti Devi is simple in nature as is evident from the injury report. Referring to the injury report of informant, learned counsel for the petitioner further submits that there is no apparent injury on the head of the informant and the doctor has found pain and swelling on the head and with regard to other parts of the body though the opinion has been reserved but the allegation of assault is not upon the petitioner.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that both the parties are neighbours and the informant has not sustained any
Patna High Court CR. MISC. No.1202 of 2025(2) dt.24-02-2025 3/3 apparent injury on his head as is evident from the injury report, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 Chief Judicial Magistrate, Motihari, East Champaran, in connection with Ghorasahan Police Station Case No. 122 of 2024, subject to the condition laid down under Section 482 (2) of the B.N.S.S., 2023.
(Anil Kumar Sinha, J) aditya/- U T