Patna High CourtCR. MISC./8659/2016bail granted

Mukesh Pandey And ANR v. The State Of Bihar

2016-02-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8659 of 2016 Arising Out of PS.Case No. -156 Year- 2015 Thana -ARIYARI District- SEKHPURA ======================================================

1. Mukesh Pandey son of Naresh Pandey

2. Nitu Pandey Son of Vado Pandey All Resident of Village Belchi P.s Ariarai District Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Chandra, Adv. For the Opposite Party/s : Mr. Asha Devi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-02-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307 and 379/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is of robbing `50,000/- of the informant by accused persons including the petitioner and on protest being made co-accused Deepak Pandey and Omkar Pandey resorted to fire causing pellet injury to the informant.

It is submitted by learned counsel for the petitioners that the accusation of robbing is omnibus and general against all the accused persons. The accusation of firing is specific against coaccused Deepak Pandey and Omkar Pandey but the injury report

Patna High Court Cr.Misc. No.8659 of 2016 (2) dt.23-02-2016 2/2 suggests injury caused by hard and blunt substance. The petitioners' side lodged a case being Ariari P.S. Case No. 155 of 2015 against the informant at earlier point of time. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.

Considering the accusation levelled in the background of case lodged by the petitioners' at earlier point of time, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Sheikhpura in connection with Ariari P.S. Case No. 156 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T