Radhe Shyam Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8493 of 2025 Arising Out of PS. Case No.-376 Year-2024 Thana- BABUBARHI District- Madhubani ====================================================== 1.

Radhe Shyam Pandey Son of Jagdish Pandey R/O- Village- Kulhriya, P.S.- Babubarhi, District- Madhubani.

2.

Satyam Pandey @ Satyam Kumar Pandey son of Radhe Shyam Pandey R/OVillage- Kulhriya, P.S.- Babubarhi, District- Madhubani. 3.

Shivam Pandey @ Shivam Kumar Pandey son of Radheshyam Pandey R/OVillage- Kulhriya, P.S.- Babubarhi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 329(3), 126, 115(2), 303(2), 308(5), 351(2) and 3(5) of the BNS.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that petitioners intercepted him and demanded extortion and Radhe Shyam Pandey (petitioner no. 1) snatched Rs.43,000/- which he was carrying for returning to Jai Krishna Mahto. Further, Satyam Pandey (petitioner no. 2) took his golden chain worth Rs.25,000/-, thereafter Shivam Pandey

Patna High Court CR. MISC. No.8493 of 2025(2) dt.07-03-2025 2/3 (petitioner no. 3) snatched his watch and unknown accused snatched his gold bracelet. Further, the accused threatened the informant that he would be killed if he does not pay extortion of Rs.25,000/-.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that petitioners no. 2 and 3 are sons of petitioner no. 1. It is next submitted that parties are having dispute relating to land as the informant earlier had instituted a complaint against the petitioners that they had cut trees standing on his land but then in the complaint the description of the land was not given while the petitioners had complained against the informant that he is encroaching the government land. It is also submitted that petitioner no. 1 is aged about 58 years and has remained a person with clean antecedent all throughout and all of a sudden came to be implicated in the instant case by the informant making him a criminal. It is submitted that even the allegation does not inspire confidence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned

Patna High Court CR. MISC. No.8493 of 2025(2) dt.07-03-2025 3/3 counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Babubarhi P.S. Case No. 376 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS. (Satyavrat Verma, J) Kundan/- U T