Sujit Pandey @ Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40967 of 2021 Arising Out of PS. Case No.-812 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SUJIT PANDEY @ SUJIT KUMAR Son of Shri Chandeshwar Pandey @ Chandeshwar Prasad Singh Resident of Village - Pandey Tola, Sahwajpur @ Araji Sahwajpur, P.S.- Hajipur, District - Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shri Prakash Srivastava For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in Hajipur Sadar P.S. Case No. 812 of 2019 registered for the offence under Sections147, 148, 149, 341, 323, 504, 353, 354, 337 of the Indian Penal Code and Section-37(c) of the Bihar Prohibition and Excise (Amendment) Act.

The allegation against the accused persons is of brick batting and stone pelting on police in drunken state. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.40967 of 2021(2) dt.22-10-2021 2/2 tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The co-accused is said to be in drunken state. There is no recovery of liquor from possession of the petitioner. Altogether 19 named and 100-150 unknown persons have been made accused in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 812 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T