Sanjeet Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24070 of 2023 Arising Out of PS. Case No.-152 Year-2020 Thana- JANTA BAZAR District- Saran ====================================================== SANJEET PANDEY S/O TARKESHWAR PANDEY Resident of villagePurushottampur, P.S.- Janta Bazar, District- Saran at Chapra (Bihar). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-07-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Janta Bazar PS Case No. 152 of 2020 dated 08/09/2020 registered under Section 147, 341, 323, 307, 379 of the IPC and Section 27 of the Arms Act.

As per the prosecution case the informant was going towards his home on 08-09-2020 at about 4:00 PM in the meanwhile he was intercepted by the accused persons, who surrounded the informant, pulled him on the ground and assaulted him with lathi, danda, fists, slaps etc. The allegation against the petitioner is that on the order being given by one of the co-accused Tarkeshwar Pandey the petitioner opened fire

Patna High Court CR. MISC. No.24070 of 2023(2) dt.07-07-2023 2/3 upon the informant with an intention to kill him but the firing made by the petitioner did not hit the target. Learned counsel for the petitioner submits that the informant has previous enmity against the agantes of the petitioner due to which the petitioner has been dragged in this case. A counter case has also been lodged by one of the agnates of the petitioner against the informant and others bearing Janta Bazar PS Case No. 160 of 2020 and the empty cartridge which was allegedly fired was not recovered by the Police from the spot rather the same was produced by the informant before the Police.

Regard being had to the submission made by the parties, taking into consideration the fact that there is case and counter case between the parties, both the parties are having previous enmity and no body sustained fire arm injury, I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Saran at Chapra / successor court

Patna High Court CR. MISC. No.24070 of 2023(2) dt.07-07-2023 3/3 in connection with Janta Bazar PS Case No. 152 of 2020 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T