Manoj Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13837 of 2024 Arising Out of PS. Case No.-110 Year-2023 Thana- FATUA District- Patna ====================================================== 1.
Manoj Pandey Son of Balmiki Pandey Resident of Badi Raipur, P.S.- Fatuha, District- Patna 2.
Suman Pandey Son of Balmiki Pandey Resident of Badi Raipur, P.S.- Fatuha, District- Patna 3.
Balmiki Pandey Son of Late Radhekant Pandey Resident of Badi Raipur, P.S.- Fatuha, District- Patna 4.
Ranjeet Pandey @ Detol Son of Birendra Pandey Resident of Badi Raipur, P.S.- Fatuha, District- Patna 5.
Birendra Pandey Son of Late Radhekant Pandey Resident of Badi Raipur, P.S.- Fatuha, District- Patna ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Krishna Jha, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Fatuha P.S. Case No. 110 of 2023 dated 09.02.2023 registered for the offences punishable u/ss 323, 341, 307 and 504 read with 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have assaulted the informant. When the family members of the informant came to rescue, they
Patna High Court CR. MISC. No.13837 of 2024(3) dt.19-04-2024 2/3 were also brutally assaulted by the petitioners and the coaccused persons causing severe injuries.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is a case and counter case between both the parties. There is general and omnibus allegation against the petitioners. Learned counsel has submitted that both the parties sustained injuries. The other co-accused person has already been granted bail by this Court vide order dated 04.08.2023 passed in Cr. Misc. No. 47462/2023. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners had no intention to cause death of the informant.
5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners by submitting that injury of Rocky Sharma is grievous in nature.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of
Patna High Court CR. MISC. No.13837 of 2024(3) dt.19-04-2024 3/3 the like amount each to the satisfaction of learned Court concerned, Patna City, Patna in connection with Fatuha P.S. Case No. 110 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) atul/- U T