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Patna High CourtCR. MISC./35441/2021allowed

Markandey Pandey v. The State Of Bihar

2022-02-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35441 of 2021 Arising Out of PS. Case No.-354 Year-2020 Thana- BHORE District- Gopalganj ====================================================== Markandey Pandey S/o Kanhaiya Pandey R/o village- Imiliya Tola Pandey Chakiya, P.S.- Bhore, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ranjeet Kumar Pandey For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-02-2022 Heard learned counsel for the parties through virtual court proceedings.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner apprehends his arrest in Bhore P.S. Case No.354 of 2020, registered for the offences punishable under Sections 147, 149, 341, 323, 308 and 504 of the Indian Penal Code.

The petitioner and other co-accused persons are said to have assaulted the informant and others by means of lathi-danda. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. There is case and counter case between the parties

Patna High Court CR. MISC. No.35441 of 2021(2) dt.03-02-2022 2/2 and both sides sustained injuries. It is further submitted that there is land dispute between the parties. It is also submitted that the petitioner has got no criminal antecedent as stated in para 3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Having considered the facts that there is case and counter case between the sides, both sides sustained injuries and the occurrence took place on account of land dispute between the parties, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Bhore P.S. Case No.354 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J.) Sanjay/- U T