Ramakant Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2666 of 2023 Arising Out of PS. Case No.-408 Year-2022 Thana- NOKHA District- Rohtas ====================================================== Ramakant Pandey, S/O Ram Chandra Pandey, Resident of Village- Parawa, P.S.- Nokha (Dharmpura), District- Rohtas at Sasaram (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Nayan, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Nokha (Dharampura O.P.) P.S. Case No. 408 of 2022 dated 27.10.2022 registered for the offences punishable u/ss 341, 323, 307, 504 and 506read with Section 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the coaccused persons are alleged to have started abusing and assaulting the informant and his brother with lathi. It is further alleged that the co-accused Melu Mishra abused and assaulted on the head of the informant's brother with iron rod. When the informant went to

Patna High Court CR. MISC. No.2666 of 2023(2) dt.27-04-2023 2/2 rescue him, he was also assaulted with lathi. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to domestic dispute. There is general and omnibus allegation against the petitioner. The specific allegation of assault is against the co-accused person. The petitioner is accused in two other criminal cases and he is on bail in two cases as stated in para 3 of the bail petition. The petitioner is in custody since 03.11.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the informant's brother sustained grievous injury.

Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sasaram (Rohtas) in connection with Nokha (Dharampura O.P.) P.S. Case No. 408 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T