Shivaji Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18826 of 2024 Arising Out of PS. Case No.-768 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== 1.

Shivaji Pandey Son Of Late Kapildev Pandey R/O-Bedauli, P.S.- BRAHMPUR (CHAKKI O.P.), Distt.-BUXAR 2.

Indrajeet Pandey Son Of Shivaji Pandey R/O-Bedauli, P.S.-BRAHMPUR (CHAKKI O.P.), Distt.-BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners have preferred this application for grant of anticipatory bail in connection with Brahmpur (Chakki O.P.) P.S. Case No. 768 of 2023, dated 26.12.2023 for the offences punishable under Sections 147, 149, 341, 323, 308, 504, 506 of the Indian Penal Code.

3. As per prosecution case, the petitioners and other co-accused persons are alleged to have assaulted the informant with fat, fist, brick and stone. When his son came to rescue, he

Patna High Court CR. MISC. No.18826 of 2024(2) dt.08-04-2024 2/3 was also assaulted by the co-accused persons. Thereafter all the accused persons came to the door of the informant and abused him and threatened to kill.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have got no criminal antecedent as stated in para 3 of the bail petition. Both the parties are next door neighbour. There is land dispute between both the parties. Learned counsel further submitted that the injuries of both the persons are found to be simple in nature as mentioned in impugned order.

5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the injuries being simple in nature, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Buxar in connection with Brahmpur (Chakki O.P.) P.S. Case No. 768 of 2023, subject to conditions as laid down under Section

Patna High Court CR. MISC. No.18826 of 2024(2) dt.08-04-2024 3/3 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T