Jitendra Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14953 of 2023 Arising Out of PS. Case No.-94 Year-2020 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== 1.
JITENDRA PANDEY SON OF CHINTAMANI PANDEY R/O VILLAGEKOSHILA, P.S.- MAGADH UNIVERSITY, DISTRICT- GAYA 2.
USHA DEVI WIFE OF JITENDRA PANDEY R/O VILLAGE- KOSHILA, P.S.- MAGADH UNIVERSITY, DISTRICT- GAYA 3.
SUSHANT KUMAR PANDEY @ SUSHANT KUMAR SON OF JITENDRA PANDEY R/O VILLAGE- KOSHILA, P.S.- MAGADH UNIVERSITY, DISTRICT- GAYA 4.
SACHIN KUMAR PANDEY SON OF JITENDRA PANDEY R/O VILLAGE- KOSHILA, P.S.- MAGADH UNIVERSITY, DISTRICT- GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No2 For the Opposite Party/s :
Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2023 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Magadh University Police Station Case No. 94 of 2020 dated 13.08.2020, disclosing offences under Sections 323/341/308/34 of the Indian Penal Code.
The prosecution case, on the basis of the First Information Report, is that the petitioners have allegedly assaulted the informant, his mother and another family members due to some land dispute.
Patna High Court CR. MISC. No.14953 of 2023(2) dt.19-05-2023 2/3 Learned Counsel for the petitioners submits that from perusal of the First Information Report itself, it would be evident that the petitioner no. 1 is own uncle of the informant and there is a family dispute between the parties. He next submits that the injury caused to the informant and others are simple in nature and the police, after investigation, has submitted charge sheet under Sections 341/323/308/504/34 of the Indian Penal Code.
Petitioners have got no criminal antecedents. Having regard to the submissions made on behalf of the parties and taking into consideration the material available on record and the fact that both the parties are closely related, the police have submitted charge sheet and the injuries are simple in nature, accordingly, I am inclined to grant the petitioners privilege of anticipatory bail.
This application is, accordingly, allowed.
Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Gaya, in connection with Magadh University
Patna High Court CR. MISC. No.14953 of 2023(2) dt.19-05-2023 3/3 Police Station Case No. 94 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) ashwani/- U