Rajesh Pandey And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35066 of 2015 Arising Out of PS.Case No. -115 Year- 2015 Thana -KUCHAIKOTE District- GOPALGANJ ======================================================

1. Rajesh Pandey Son of Hridyanand Pandey, Resident of Village - Briti Tola, P.S. - Kuchai Kote, District - Gopalganj.

2. Balwant Singh, Son of Kailash Pati Singh, Resident of Village - Rampur Dauda, P.S. - Kuchaikote, District - Gopalganj.

3. Mithilesh Mishra, Son of Pramod Mishra, Resident of Village - Bindwaliya, P.s. - Kuchaikote, District - Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Srivastava For the Opposite Party/s : Mr. P.N.Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 18-08-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 379, 307, 504, 387/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is that the informant

Patna High Court Cr.Misc. No.35066 of 2015 (2) dt.18-08-2015 2/3 went to Gauri Shankar Gas Agency for getting the number of domestic gas cylinder registered. The informant demanded original receipt but the accused persons demanded Rs.765/- for supply of the gas cylinder. It is alleged that co-accused Ranjan Yadav fired from country made pistol, who was arrested by the police. Petitioner no. 1 assaulted Rakesh Kumar with spear and petitioner no. 2 snatched Rs.1,00,000/- and gold chain from the possession of the informant.

It is submitted by learned counsel for the petitioners that the injuries have been found superficial simple in nature, there is a counter version of the occurrence also and it was informant side who were aggressors and came into gas dealership of the accused persons. The petitioners were employee of the gas agency.

A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court Cr.Misc. No.35066 of 2015 (2) dt.18-08-2015 3/3 Magistrate, Gopalganj in connection with Kuchaikote P.S. Case No. 115 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T