Binod Pandey And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21027 of 2018 Arising Out of PS.Case No. -20 Year- 2018 Thana -NARDIGANJ District- NAWADA ======================================================
1. Binod Pandey Son of Bhola Pandey
2. Jay Prakash Pandey@ J.P. Pandey Son of Bhola Pandey
3. Om Prakash Pandey@ Pintu Pandey Son of Binod Pandey All resident of Village- Nardiganj Bazar, Police Station- Nardiganj, DistrictNawada. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arjun Prasad Singh For the Opposite Party/s : Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2018 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.
In this application for anticipatory bail the petitioners apprehend their arrest in connection with Nardiganj P.S. Case No. 20 of 2018 for the offences punishable under sections 147, 148, 149, 341, 323, 325, 327, 307, 379, 385, 354 (A), 504 and 506 of the I.P.C.
Allegedly, the petitioners and other co-accused being armed with Khanti, iron rod and lathi were forcibly surrounding the passage and when the informant forbade not to obstruct the passage then petitioner no.1 gave order to kill and then petitioner no.3 assaulted the informant with iron rod on his head causing injury and bleeding and when the informant fell
Patna High Court Cr.Misc. No.21027 of 2018 (2) dt.26-04-2018 2/2 down then the petitioner no.2 also started assaulting him with iron rod. The accused persons had taken Rs. 50,000/- as ransom and again were demanding Rs. 1,00,000/-.
Submission is of false implication and that there is case and counter case bearing Nardiganj P.S. Case No. 21 of 2018, the informant has received one injury which is simple in nature, vide Annexure-3, thus the injury report does not substantiate the prosecution case as alleged, the petitioners have got no criminal antecedents and as such they deserve sympathetic consideration. The learned A.P.P. fairly submits that from Annexure3 which is the Photostat copy of the injury report of the informant it reveals that he has received one simple injury. In the facts and circumstances stated above, the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M, Nawadah in connection with the aforementioned case, subject to the conditions as laid down under section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T