Munna Pandey @ Munna Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12310 of 2023 Arising Out of PS. Case No.-480 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== 1.

Munna Pandey @ Munna Kumar Pandey Son Of Sri Pashupati Nath Pandey R/V- Sonbarsa, P.S.- Kanti, District- Muzaffarpur 2.

Sunil Kumar Pandey @ Munchun Pandey Son Of Sri Pashupati Nath Pandey R/V- Sonbarsa, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaidehi Raman Prasad Singh For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 328, 302 and 34 of the Indian Penal Code.

As per the prosecution case, allegation against the petitioners is that they had forcefully administered poison to the sister of the informant.

Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the alleged occurrence took place in the night and the informant has not disclosed the

Patna High Court CR. MISC. No.12310 of 2023(2) dt.27-04-2023 2/2 named of the person from whom he received information regarding death of his sister and merely on suspicion the petitioners have been made accused in the present case. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, 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 lower Court where the case is pending/successor Court in connection with Kanti P.S. Case No.480 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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