Sadanand Pandey And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26537 of 2016 Arising Out of PS.Case No. -159 Year- 2016 Thana -BUXAR District- BUXAR ======================================================
1. Sadanand Pandey Son of Late Gupteshwar Pandey
2. Kishun Pandey @ Daya Sagar Pandey.
3. Ram Bharosa Pandey
4. Dinbandhu Pandey son of Sadanand Pandey All resident of VillageSumeshwar Sthan Buxar, P.S.- Buxar (T), District- Buxar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anirudh Mishra, Adv. For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-08-2016 Heard both sides.
The petitioners apprehend their arrest in Buxar (T) P.S. Case No. 159/2016, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 447, 307, 504 and 506 of the Indian Penal Code and 27 of the Arms Act. The informant alleged that all the accused persons surrounded him and on the order of Sadanand Pandey (Petitioner no. 1) Raghav Pandey, who is not petitioner in the present case, opened fire. There is no specific allegation of assault against the petitioners.
It is submitted that there is a series of litigation of
Patna High Court Cr.Misc. No.26537 of 2016 (3) dt.24-08-2016 2/2 between the parties. Earlier the informant had filed two cases bearing Buxar (T) P.S. Case no. 543/2015 and 548/2015 under Sections 307 and other Sections of the Indian Penal Code and 27 of the Arms Act, but the police submitted final form finding the case false. Other co-accused have already been granted anticipatory bail vide Cr. Misc. No. 31983/2014 in Buxar (T) P.S. Case No. 265/2014.
Considering the facts aforesaid and the fact that there is no specific allegation of firing against the petitioners and there is a series of litigation between the parties on account of land dispute, petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, Buxar, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) Rakhi U T