Dinesh Kumar Pandey @ Dinesh Pandey And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.55458 of 2016 (3) dt.19-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55458 of 2016 Arising Out of PS.Case No. -55 Year- 2007 Thana -DHANSORI District- BUXAR ======================================================
1. Dinesh Kumar Pandey @ Dinesh Pandey, Son of Dharmdeo Pandey,
2. Ram Pravesh Pandey @ Mantu Pandey @ Mantu S/o Jagat Pandey Both resident of village- Sitabpur, P.S.- Dhansoi, District- Buxar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashwini Kumar Rai For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2.
The petitioners are apprehending their arrest in connection with Dhansoi P.S. Case No. 55 of 2007 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
3.
Accusation is of murder of brother of the informant. 4.
Learned counsel for the petitioners has submitted that during investigation the accusation was found false and final form was submitted but subsequently cognizance was taken on the ground that petitioners were found present at the place of occurrence armed variously. From perusal of the F.I.R., it appears that there is no eye witness to the occurrence. No specific
Patna High Court Cr.Misc. No.55458 of 2016 (3) dt.19-01-2017 allegation has been made against these petitioners. Moreover, coaccused, namely, Rajesh Pandey and Radha Pandey @ Radha Prasad Pandey, Ajay Pandey have already been granted anticipatory bail by the High Court in Cr. Misc. No. 44012 of 2011 and 41604 of 2011 respectively.
5.
Considering the facts and circumstances of the case and the nature of allegation made against these petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of A.D.J.-10th , Buxar in connection with Dhansoi P.S. Case No. 55 of 2007, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Arvind Srivastava, J) brajesh/- U T