Chikku Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24611 of 2020 Arising Out of PS. Case No.-100 Year-2020 Thana- NOKHA District- Rohtas ====================================================== CHIKKU PANDEY S/o Ramakant Pandey Resident of Village- Parhwa, P.S.- Nokha (Dharmpura), District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-09-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and learned APP for the State .

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Nokha P.S. Case no. 100 of

Patna High Court CR. MISC. No.24611 of 2020(2) dt.22-09-2020 2/3 2020 instituted for the offence under Section(s) 147,148,149,341,342,223,324,325,307,354,504 and 506 of the I.P.C.

The prosecution case alleges that petitioner along with co -accused Dheeraj Pandey assaulted Sapna by means of rod leading to fracture of her leg. Others including Dhan Kumar Singh and Taragana Devi have also allegedly sustained injuries in the assault by the petitioner with two others. It is submitted by the petitioner's counsel that the other co-accused have been allowed bail as is evident from the order dated 26.6.2020 of the Additional Sessions Judge- XV, Sasaram Rohtas whereby the petitioner's prayer was rejected. It is submitted that now the petitioner has been in custody since 07.06.2020. The injury report (Annexure-2 series) opines the injuries to be simple in nature. The petitioner has no criminal antecedents and that it is a case of false implication. The informant party are ,in fact, aggressor for which the petitioner's side has also lodged FIR bearing Nokha (Dharmpura) P. S. Case no. 101 of 2020.

The learned APP has opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.24611 of 2020(2) dt.22-09-2020 3/3 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the CJM Rohtas, Sasaram in connection with Nokha P.S. Case no. 100 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T