Narendra Pandey @ Nagendra Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8836 of 2025 Arising Out of PS. Case No.-258 Year-2022 Thana- PALANWA District- East Champaran ====================================================== Narendra Pandey @ Nagendra Pandey Son of Late Tirthraj Pandey Resident of Village - Kharkatwa, P.S.- Palanwa, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :
Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Palanwa P.S. Case no.258 of 2022 registered under Sections 307, 341, 323, 324, 354, 504 and 34 of the Indian Penal Code.
3. As per the prosecution case, accused persons including the petitioners herein came to the house of the informant variously armed and started abusing the informant and his family members. On protest, accused Narendra Pandey (petitioner) assaulted the informant's father by means of farsa on his head due to which he sustained injures. It is further alleged that three accused persons were also engaged in assaulting.
Patna High Court CR. MISC. No.8836 of 2025(6) dt.23-07-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The present F.I.R has been lodged after a delay of two days as occurrence has taken place on 02.12.2022 whereas F.I.R was lodged on 04.12.20222. He further submits that both the parties are the agnates and because of land dispute, the alleged occurrence has taken place. There is case and counter case. The manner of occurrence is other than what has been narrated in the F.I.R and the correct version is stated in the F.I.R. being Palanwa P.S. Case no.257 of 2022 lodged by this petitioner against the informant and his family.
Injury report of the injured Suresh Pandey is available on record which indicates that injuries are in the nature of lacerated wound, abrasion and pain and there is only one lacerated injury which does not stand corroborated the allegation of assault by means of farsa. Further, the final injury report has not been issued as according to Medical Officer of Sadar Hospital, Motihari, the patient does not have any document relating to treatment and even the registration ticket of the Sadar Hospital. The petitioner undertakes to co-operate in investigation/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
Patna High Court CR. MISC. No.8836 of 2025(6) dt.23-07-2025 3/3
6. In view of the entire facts and circumstances of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Palanwa P.S. Case no.258 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M, East Champaran at Motihari, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the following conditions:- (I) One of the bailors of the petitioner shall be the family member/close relative of the petitioner. (II) He shall co-operate in the investigation/trial and would make himself available before the Investigating Officer of the present case as and when required till investigation is completed against him.
(Soni Shrivastava, J) Harsh/- U T