Rangnath Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22244 of 2023 Arising Out of PS. Case No.-126 Year-2021 Thana- SANJHOLI District- Rohtas ====================================================== 1.
Rangnath Pandey Son Of Late Sitaram Pandey Resident Of Village - Pokharaha, P.S. - Bagen Gola(Wrongly Written Bagen Tola), Distt. - Buxar 2.
Sumant Pandey Son Of Rangnath Pandey Resident Of Village - Pokharaha, P.S. - Bagen Gola(Wrongly Written Bagen Tola), Distt. - Buxar 3.
Amaresh Pandey Son Of Late Nandu Pandey Resident Of Village - Pokharaha, P.S. - Bagen Gola(Wrongly Written Bagen Tola), Distt. - Buxar 4.
Hardeo Rai Son Of Late Bhukhan Rai Resident Of Village - Bhada Badsari, P.S. - Bagen Gola, Distt. - Buxar 5.
Jwala Rai Son Of Late Bhukhan Rai Resident Of Village - Bhada Badsari, P.S. - Bagen Gola, Distt. - Buxar 6.
Dhareichhan Rai Son Of Sheojee Rai Resident Of Village - Rajapur, P.S. - Simri, Distt. - Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Roy For the Opposite Party/s :
Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. Prosecution case is that the informant who is the village Chaukidar received information that a person has been murdered at Nokha Buxar canal road, whereafter, he had gone at the said place of occurrence and found that one persona aged
Patna High Court CR. MISC. No.22244 of 2023(3) dt.03-07-2023 2/3 about 27 years is lying dead who has sustained firearm injury on his temple region.
Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is no eye witness of the alleged occurrence, nobody has seen the deceased in company of the petitioners and only on the basis of suspicion, they have been made accused in the present case. Similarly situated co-accused has been enlarged on bail by this Court vide order dated 21.04.2023 passed in Cr. Misc. No. 10310 of 2023. He further submits that petitioners have criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.
Having regard to the facts and circumstances of the case as well as the fact that similarly situated co-accused has been enlarged on bail, let the above named petitioners, be released on bail, in the event of 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
Patna High Court CR. MISC. No.22244 of 2023(3) dt.03-07-2023 3/3 to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sanjhauli P.S. Case No.126 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T