Patna High CourtCR. MISC./13594/2025bail granted

Algu Pandey @ Suraj Pandey v. The State Of Bihar

2025-03-21Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13594 of 2025 Arising Out of PS. Case No.-78 Year-2024 Thana- KRISHNAGARH District- Bhojpur ====================================================== Algu Pandey @ Suraj Pandey S/o- Kameshwar Pandey Resident of Village - Balua, Narogda, Police Station - Krishnagarh, District - Bhojpur at Ara. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Krishnagarh P.S. Case No. 78 of 2024 dated 04.08.2024 registered for the offences punishable u/ss 115(2), 352, 109, 351(2), 303(2) read with Section 3(5) of the B.N.S.

3. As per the prosecution case, the informant was at home, he noticed that the petitioner and the co-accused person in an intoxicated state were abusing a lady. On being objected by the informant, they started abusing him. Thereafter, the petitioner and the co-accused persons opened toppling of tractor and assaulted the informant with intention to kill him due to

Patna High Court CR. MISC. No.13594 of 2025(2) dt.21-03-2025 2/3 which he sustained a severe injury in his eye. Thereafter, the informant cried for help then Bablu Pandey and Lalluji Pandey came for his help but the petitioner and the co-accused person assaulted them with iron nail and rod due to which Bablu Pandey sustained injuries on his head and eye. They also took Rs. 5000/- from the pocket of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further alleged that there is a delay of three days in lodging the F.I.R. and there is no explanation for this delay. Learned counsel has further submitted that there is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. As per the impugned order, the opinion regarding the injuries has been kept reserved. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 09.09.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond

Patna High Court CR. MISC. No.13594 of 2025(2) dt.21-03-2025 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Krishnagarh P.S. Case No. 78 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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