Deepnarayan Pandey @ Duipnarayan Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22126 of 2024 Arising Out of PS. Case No.-769 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== 1.
Deepnarayan Pandey @ Duipnarayan Pandey S/o Late Kapildeo Pandey R/o Vill - Bedauli, P.S. - Brahampur, Dist. - Buxar 2.
Ashutosh Pandey, S/o Deepnarayan Pandey R/o Vill - Bedauli, P.S. - Brahampur, Dist. - Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Ranjan Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Brahmpur (Chakki O.P.) P.S. Case No. 769 of 2023, instituted under Sections 147, 148, 149, 341, 323, 308 of the Indian Penal Code.
3. As per the prosecution case, on the date of occurrence petitioners along with other accused persons armed with weapons came and assaulted the informant and his family members causing injury.
4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Due to land dispute the occurrence took place between the
Patna High Court CR. MISC. No.22126 of 2024(3) dt.08-05-2024 2/2 parties. There is case and counter case between them. Petitioner No. 1 is posted in CRPF and informant always tried to grab his land. Except Section 308 of Indian Penal Code, other sections are bailable. Both parties are Pattidars. Petitioner no. 1 has one criminal antecedent of complaint of Gram Kachahari which has been disposed of in which he has been acquitted. Petitioners undertake to co-operate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Brahmpur (Chakki O.P.) P.S. Case No. 769 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) rakhi/- U T