Rajnish Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27260 of 2019 Arising Out of PS. Case No.-276 Year-2018 Thana- CHHATAUNI District- East Champaran ====================================================== RAJNISH KUMAR PANDEY Son of Dharmendra Pandey Resident of Village - Ghusiar, P.S.- Sangrampur, District- East Champaran, Present residing at Majuraha, P.S.- Raghunathpur O.P., District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Priyesh Kumar For the Opposite Party :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Chhatauni P.S. Case No. 276 of 2018 for the offence punishable under Sections 448, 323, 324, 307 and 380/34 of the Indian Penal Code.

The reason, why the occurrence had taken place, cannot be discerned from the First Information Report. There are 12 persons named in the First Information Report, who are said to have committed offence of assaulting the informant with lathi and knife. There is also allegation of taking away a sum of Rs.16,000.00 against the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that there is no allegation against him of assault and he has been maliciously implicated with frivolous

Patna High Court CR. MISC. No.27260 of 2019(2) dt.25-04-2019 2/2 allegation.

On perusal of the First Information Report, I find that case for grant of anticipatory bail is made out. This application is accordingly allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran, Motihari, in Chhattauni P.S. Case No. 276 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T