Santosh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17312 of 2023 Arising Out of PS. Case No.-408 Year-2022 Thana- NOKHA District- Rohtas ====================================================== 1.

Santosh Pandey S/O Sri Ram Chandra Pandey R/O Village- Parawa, P.S.- Nokha (Dharmpura), Distt- Rohtas At Sasaram(Bihar). 2.

Murali Pandey @ Sumit Kumar Pandey @ Sumit Pandey S/O Sri Ramakant Pandey R/O Village- Parawa, P.S.- Nokha (Dharmpura), Distt- Rohtas At Sasaram (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard 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 341, 323, 307, 504, 506 and 34 of the Indian Penal Code. The allegation against the petitioners is that they along with other accused persons came and the house of the informant and assaulted the informant and his family members. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no

Patna High Court CR. MISC. No.17312 of 2023(3) dt.04-07-2023 2/2 specific overt act against the petitioners. There is specific allegation against Melu Mishra, who assaulted the injured person. He submits that the person got injured in a road accident, a copy of the injury report is enclosed as Annexure-2 to the bail application. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as well as 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 Nokha (Dharampura O.P.) P.S. Case No.408 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