Manoranjan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25982 of 2022 Arising Out of PS. Case No.-750 Year-2021 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Manoranjan Pandey S/O Late Matuk Pandey R/O Village- Madhu Chapra, P.S.- Piprakothi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Singh For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 143, 365 and 120B read with 34 of the Indian Penal Code.

As per prosecution case, election of Prakhand Pramukh was going on in Radhakrishnan Bhawan at Collectrate, Motihari. In which one vote was declared bogus, so the election was held through lottery, in which Rajnish Kumar won the election. Thereafter, the petitioner and the co-accused persons along with 20-30 unknown people kidnapped the informant's son and got him seated in Bolero and assaulted him.

Patna High Court CR. MISC. No.25982 of 2022(4) dt.12-01-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case on account of politics. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. The victim in his statement recorded u/s 164 of the Cr.P.C has stated that the petitioner assaulted him and after the intervention of a lady he stopped assaulting him and took him near the Gramin Bank and let him go. The said allegation against the petitioner is triabled by the Magistrate.

Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioner. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran At Motihari in connection with Motihari Town P.S. Case No. 750 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T