Avinash Pandey @ Golu Pandey @ Avinash Kumar Pandey And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4435 of 2017 Arising Out of PS.Case No. -211 Year- 2016 Thana -MANJHI District- SARAN ======================================================
1. Avinash Pandey @ Golu Pandey @ Avinash Kumar Pandey,
2. Dinbandhu Pandey @ Minun Pandey, both son of- Vishundeo Pandey, resident of village- Chephul P.S. Manjhi, Dist.- Saran at Chapra. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s : Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 12-05-2017 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in Manjhi P.S. Case No.211 of 2016 instituted for the offence under Section(s) 341, 323, 324, 307, 504/34 Indian Penal Code. As per written report on the issue of running, altercation took place between the informant and the petitioner No.1 and the petitioners assaulted the informant with lathi and danda and when Chandra Shekhar Pandey came to save then he was also assaulted by the petitioner No.1 with sword on his person.
Case diary was called for. Injury reports of both the injured are available in the case diary. The doctor has found simple injuries on the person of both the injured. Injury found on the person of Chandra Shekhar Pandey on the leg was found to be
Patna High Court Cr.Misc. No.4435 of 2017 (5) dt.12-05-2017 2/2 simple in nature caused by sharp cutting weapon. It is mentioned in para 3 that the petitioners have clean antecedents.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Manjhi P.S. Case No.211 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the ACJM, 5th, Saran at Chapra, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and
(3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) JA/- U T