Rajnish Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39760 of 2021 Arising Out of PS. Case No.-545 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== Rajnish Pandey S/O Vivekanand Pandey R/O Village-Dariyapur, P.SIslampur, District-Nalanda. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The present matter has been taken up out of turn on the mentioning slip filed on behalf of the petitioner stating therein that the mother of the petitioner has died on 25.08.2021 and the petitioner has to perform the rituals. Let the mentioning slip filed on behalf of the petitioner be kept on record. The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 342, 323, 332, 337, 353, 427 and 504 of the Indian Penal Code. The prosecution allegation, in short, is that the

Patna High Court CR. MISC. No.39760 of 2021(2) dt.03-09-2021 2/3 accused persons forming unlawful assembly pelted stones on the police party and also broken the glass of vehicle. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been 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 name of the petitioner has transpired on the disclosure made by the local Chowkidar. Except for this, there is no other substantive evidence to suggest his implication 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, 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 his personal bond to the satisfaction of learned A.C.J.M. Hilsa, Nalanda in connection with Islampur P.S. Case No. 545/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.39760 of 2021(2) dt.03-09-2021 3/3 Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T