Krishna Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18071 of 2023 Arising Out of PS. Case No.-260 Year-2022 Thana- SANDESH District- Bhojpur ====================================================== 1.
KRISHNA PANDEY S/O LATE GUPTESHWAR PANDEY Resident of village- Pandura, P.S.- Sandesh, District- Bhojpur, Ara. 2.
GORAKH PANDEY S/O LATE RAMESHWAR PANDEY Resident of village- Pandura, P.S.- Sandesh, District- Bhojpur, Ara. 3.
GOPAL PANDEY S/O LATE GUPTESHWAR PANDEY Resident of village- Pandura, P.S.- Sandesh, District- Bhojpur, Ara. 4.
MADAN PANDEY @ MADAN KUMAR PANDEY S/O LATE GUPTESHWAR PANDEY Resident of village- Pandura, P.S.- Sandesh, District- Bhojpur, Ara.
5.
UPENDER PANDEY S/O LATE GUPTESHWAR PANDEY Resident of village- Pandura, P.S.- Sandesh, District- Bhojpur, Ara. 6.
SONU PANDEY @ SONU KUMAR PANDEY S/O GOPAL PANDEY Resident of village- Pandura, P.S.- Sandesh, District- Bhojpur, Ara. 7.
BABLU PANDEY @ BABLU KUMAR PANDEY S/O GOPAL PANDEY Resident of village- Pandura, P.S.- Sandesh, District- Bhojpur, Ara. 8.
DABLOO PANDEY S/O DADAN PANDEY Resident of village- Pandura, P.S.- Sandesh, District- Bhojpur, Ara.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar Singh, APP.
Mr. Ajay Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2023 Heard the parties.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 307, 504, 506 and 379 of the Indian Penal Code.
Allegedly, on 09.11.2022, the accused persons named in
Patna High Court CR. MISC. No.18071 of 2023(3) dt.06-07-2023 2/3 the FIR came at the house of the informant in drunken condition and started abusing his niece, and when the informant's father Ramni Singh and uncle Devnandan Singh asked them to stop, they started assaulting them and thereafter fled away. It is further alleged that when the informant along with his father and uncle were going to Sandesh Police Station, all the accused persons surrounded them and started to beat them. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. They have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.
There is admitted land dispute between the parties. There is case and counter case between the parties. Petitioner nos. 1, 3, 4, 6 & 8 have one criminal antecedent, whereas petitioner nos. 2, 5 & 7 have no criminal antecedent, as mentioned in para-3 of this application. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.
Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of
Patna High Court CR. MISC. No.18071 of 2023(3) dt.06-07-2023 3/3 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 Sandesh P.S. Case No. 260 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T