Bajrangi Pandey And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29025 of 2016 Arising Out of PS.Case No. -77 Year- 2016 Thana -CHARPOKHARI District- BHOJPUR ======================================================
1. Bajrangi Pandey Son of Late Shambhu Pandey
2. Guddu Pandey Son of Bajrangi Pandey, Both Resident of VillageBhairodih P.S.- Char Pokhari, District- Bhojpur at Ara (Bihar) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2016 A supplementary affidavit has been filed on behalf of the petitioners. The same may be kept on the record. Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 302, 504 and 506 of the I.P.C.
The prosecution story, in brief, is that on the alleged date and time of occurrence informant along with his father Vinod Pandey and one Sudershan Pandey were returning their house after enjoying Holi from the house of Bhagirath Pandey, in the way the accused persons including the petitioners surrounded them and started to abuse them. When the father of the informant opposed, then petitioner No.1 Bajrangi Pandey caught hold of his both the hands and instigated the co-accused to kill him. Thereafter the other accused persons shot him, on account of
Patna High Court Cr.Misc. No.29025 of 2016 (3) dt.05-09-2016 2/2 which he sustained firearm injury and fell down on the ground and ultimately died.
It has been submitted on behalf of the petitioners that the petitioners are in custody since 3.6.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioners. The specific allegation of firing upon the deceased is against Ranjan Pandey, Manish Pandey and Upendra Pandey. As far as the petitioner No.1 is concerned, he is alleged to have caught hand of the deceased and as far as petitioner No.2 is concerned, general and omnibus allegation has been made.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate IInd, Bhojpur at Ara in connection with Char Pokhari P.S. case No.77 of 2016. (Sudhir Singh, J) Narendra/- U T