Runu @ Subodh Pandey @ Subodh Kumar Pandey And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6234 of 2018 Arising Out of PS.Case No. -2498 Year- 2009 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================
1. Runu @ Subodh Pandey @ Subodh Kumar Pandey, S/o Shashikant Pandey,
2. Shashikant Pandey S/o Late Ganesh Pandey,
3. Pawan Kumar Pandey @ Pawan Pandey S/o Shashikant Pandey, All are R/o Village- Saraiya, P.S.- Govindganj, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Chandraloki Kumar Mishra S/o Sri Shrikant Singh, R/o Mohalla- Beli Sarai, Motihari, P.S.- Nagar, District- East Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Viveka Nand Singh For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with Complaint Case No. C-2498 of 2009 registered for offences under sections 387 of the Indian Penal Code and Section 27 of the Arms Act.
An allegation has been made in the complaint petition that the petitioner no.1 has given threatening of dire consequences on account of the fact that the Complainant was instrumental in opposing the bail of the petitioner no.1 and, thus, he was not being enlarged on bail. Further threatening was given that the entire family of the Complainant will be wiped out. In the complaint petition, further allegation has been made that while he
Patna High Court Cr.Misc. No.6234 of 2018 (2) dt.05-02-2018 was returning to his home, the petitioner nos. 2 & 3 along with others surrounded him and threatened the Complainant of dire consequences.
The petitioner no.1 has got no criminal antecedent. Looking to the allegations made against the petitioner no.1, this Court is not inclined to grant privilege of anticipatory bail to him.
Accordingly, the prayer for anticipatory bail of the petitioner no.1, namely, Runu @ Subodh Pandey @ Subodh Kumar Pandey is rejected.
Looking to the entire facts and circumstances of the case, let the petitioner nos. 2 & 3, namely, Shashikant Pandey and Pawan Kumar Pandey @ Pawan Pandey, in the event of their arrest or surrender before the court below within a period of four weeks from today, 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 Judicial Magistrate-1st Class, Motihari in connection with Complaint Case No. C-2498 of 2009, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shivaji Pandey, J) Rishi/- U T