Harendra Pandey @ Harender Pandey And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.22313 of 2017 (2) dt.19-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22313 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Harendra Pandey @ Harender Pandey, Son of Late Thakur Pandey,

2. Bhim Pandey,, Son of Harendra Pandey alias Harender Pandey, Both are of Residet of Village- Chiutaha, Police Station- Chiutaha, District- West Champaran (Bettiah).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Gyanshila Devi, Wife of Shambhu Sah alias Shambhu Prasad, resident of Village- Chiutaha, Police Station- Chiutaha, District West Champaran (Bettiah).

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

For the Petitioner/s : Mr. Lokesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-05-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Complaint Case No. 106 of 2016/ Trial No. 2711 of 2016 disclosing offences under Sections 420 and 379 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. Learned counsel for the petitioners has submitted that there is dispute between the parties on account of piece of land. Earlier also the petitioner

Patna High Court Cr.Misc. No.22313 of 2017 (2) dt.19-05-2017 No.1 has filed a case of forgery against the complainant and other, which is annexure-2, therefore, this is case of counter blast of the aforesaid case. Hence, the petitioners, who are said to be of clean antecedents, deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, 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-II, Bagaha, West Champaran, in connection with Complaint Case No. 106 of 2016, Trial No. 2711 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J.) brajesh/- U T