Kundan Pandey @ Kundan Kishore Pandey And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.261 of 2019 Arising Out of PS. Case No.-66 Year-2015 Thana- UPHARA District- Aurangabad ======================================================
1. Kundan Pandey @ Kundan Kishore Pandey, Son of Late Shrikant Pandey.
2. Munna Trivedi @ Sanjay Trivedi, son of Late Shardanand Trivide.
3. Ravi Trivedi, Son of Late Shardanand Trivedi. All residents of Village - Goh, P.S. - Goh, District - Aurangabad. ... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Dineshwar Mishra For the Respondent/s :
Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2019 The appellant seeks pre arrest bail in connection with Upahara P.S. Case No. 66 of 2015, registered for offences punishable under Sections 341, 323, 307, 54, 506/34 of the Indian Penal Code and Section 3 of SC/ST Act.
Allegation against the appellants and other accused persons is of demanding levy from the informant and one of them also fired and another assaulted him by means of knife.
It has been submitted on behalf of the appellant that no specific allegation has been attributed to the petitioner. Moreover, the police after investigation has submitted final form in this case, however, differing with the opinion of the police, the Magistrate has taken cognizance against the petitioner.
Heard learned Special P.P. also.
Having heard both sides, considering the facts and
Patna High Court CR. APP (SJ) No.261 of 2019(2) dt.16-01-2019 2/2 circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the Court below, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -IV - cum-Special Judge SC/ST Act, Aurangabad, in connection with Upahara P.S. Case No. 66 of 2015, subject to the conditions laid down under Sectin 438 (2) of Cr.P.C. Accordingly, this appeal is allowed and impugned order is set aside.
(Vinod Kumar Sinha, J) sunilkumar/- U T