Raju Pandey @ Rajesh Kumar Pandey @ Rajesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11676 of 2023 Arising Out of PS. Case No.-137 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.

RAJU PANDEY @ RAJESH KUMAR PANDEY @ RAJESH PANDEY Son of Late Yogendra Pandey R/V- Lauriya, P.S- Govindganj, Dist- East champaran 2.

Amresh Pandey Son of Late Yogendra Pandey R/V- Lauriya, P.SGovindganj, Dist- East champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar For the Opposite Party/s :

Mrs. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 427 of the Indian Penal Code and 27 of Arms Act.

The allegation against the petitioners is that they alongwith other co-accused persons went to the door of the informant armed with rifle and assaulted informant's old father and nephew. It is further alleged that petitioners brutally assaulted the informant and his family members by means of several weapons.

Patna High Court CR. MISC. No.11676 of 2023(2) dt.27-04-2023 2/3 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He further submits that earlier the bail application of the petitioner no.1 was rejected by a co-ordinate Bench of this Court vide order dated 29.10.2018 passed in Cr. Misc. No.57106 of 2018. he further submits that after rejection of the anticipatory bail application, police has filed final form against the petitioner on 26.05.2019 and learned Court below differing with the same, took cognizance on 26.07.2019. Petitioners have no criminal antecedent, as also mentioned in paragraph-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is

Patna High Court CR. MISC. No.11676 of 2023(2) dt.27-04-2023 3/3 pending/Successor Court in connection with Govindganj P.S. Case No.137 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T