Dinesh Panday @ Dineshwar Panday v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20893 of 2020 Arising Out of PS. Case No.-110 Year-2020 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

Dinesh Panday @ Dineshwar Panday, aged about 68 years, Male, Son of Late Sumer Panday, Resident of Village Konar, P.S. Shivsagar, District Rohtas.

2.

Sudama Panday, aged about 65 years, Male, Son of Late Lallu Panday, Resident of Village Konar, P.S. Shivsagar, District Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-06-2020 Heard both sides through video conferencing.

The petitioners seek bail in Shivsagar P.S. Case No.110 of 2020, registered under Sections 147, 148, 149, 323, 324, 325, 326, 153(A), 295 and 307 of the Indian Penal Code and 27 of the Arms Act.

Ziaul Haque Ansari alleged that he went to purchase domestic articles. While he was returning, he saw that Dheeraj Pandey was assaulting his nephew who was on motorcycle. The informant alleged that Allauddin dashed Govind Pandey. It is further alleged that Ishwar Pandey, Dheeraj Pandey, Shyam Sundar Pandey, Jitan Pandey, Golu Pandey, Dinesh Pandey, petitioner no.1, Rohit Pandey, Raju Pandey, Pankaj Pandey and Sudama Pandey, petitioner no.2 started assaulting the informant and

Patna High Court CR. MISC. No.20893 of 2020(2) dt.24-06-2020 2/2 Rafique Alam. When Saif Alam, Jallaludin and Nizamuddin Ansari came to save the informant, Dheeraj Pandey, Ishwar Pandey and Rohit Pandey fired which hit on the neck of Saif Ali and in the leg of the informant.

Learned counsel for the petitioners submits that no specific allegation of assault is made against the petitioners. There is a counter version. On account of accident, the two sides entered into scuffle.

Taking into consideration the facts and nature of allegations made against the petitioners and the fact that there is no specific allegation of assault against the petitioners and the petitioners are in jail since 25.04.2020, petitioners, namely, Dinesh Panday @ Dineshwar Panday and Sudama Panday are directed to be enlarged 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 the learned S.D.J.M., Rohtas at Sasaram in connection with Shivsagar P.S. Case No.110 of 2020. (Prabhat Kumar Jha, J) S.KUMAR/- U T