Jai Kishan Pandey @ Jai Kishun Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29204 of 2021 Arising Out of PS. Case No.-133 Year-2020 Thana- RAXAUL District- East Champaran ====================================================== 1.

Jai Kishan Pandey @ Jai Kishun Pandey, Son of Shashi Bhushan Pandey, Resident of Village Gamhariya, P.S. Raxaul, District East Champaran. 2.

Sanjay Pandey, Son of Dudhnath Pandey, Resident of Village Gamhariya, P.S. Raxaul, District East Champaran.

3.

Raghubar Pandey, Son of Sajawal Pandey, Resident of Village Gamhariya, P.S. Raxaul, District East Champaran.

4.

Umesh Pandey, Son of Sajawal Pandey, Resident of Village Gamhariya, P.S. Raxaul, District East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2022 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. Learned counsel for the petitioners undertakes to remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in Raxaul P.S. Case No.133 of 2020, registered for the offences punishable under Sections 147, 148, 149, 188, 341, 323, 324, 307, 337,

Patna High Court CR. MISC. No.29204 of 2021(2) dt.04-01-2022 2/3 338, 269, 270, 271, 452, 379, 504 of the Indian Penal Code, Section 3 of Epidemic Disease Act as well as under Section 51 of the D.M. Act.

The petitioners are said to have assaulted the Bhainsur of the informant by means of lathi, danda and farsa. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. There is general and omnibus allegation against the petitioners. It is further submitted that there is case and counter case between the parties and both sides sustained injuries. The petitioners and the informant are Gotiyas. It is further submitted that the injuries sustained by the informant side are simple in nature which is also mentioned in the impugned order. It is submitted that the petitioners have been made accused in one more case lodged by brother of the husband of the informant.

Having considered the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial

Patna High Court CR. MISC. No.29204 of 2021(2) dt.04-01-2022 3/3 Magistrate, Raxaul, East Champaran at Motihari in connection with Raxaul P.S. Case No.133 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T