Brij Bihari Pandey And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3204 of 2018 Arising Out of PS.Case No. -308 Year- 2017 Thana -SIMRI District- BUXAR ======================================================

1. Brij Bihari Pandey,

2. Triloki Pandey @ Triloki Nath Pandey, both s/o late Ram Nath Pandey, resident of Village- Dulahpur, P.S.- Simri (T.R.H.O.P.), District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Singh, Advocate For the Opposite Party/s : Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 06-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Simri P.S. Case No.308 of 2017 instituted for the offence under Section(s) 307 and other sections of the Indian Penal Code.

Counsel for the petitioners has submitted that instant case is counter blast of Simri P.S. Case No.309 of 2017 filed by one of the co-accused, Anil Pandey, against the informant of the present case.

In the instant case, there is general and omnibus allegation that on the eve of Yagya, altercation took place for going inside the Yagya through the way meant for female. It is alleged that informant was assaulted by the petitioners and others.

Patna High Court Cr.Misc. No.3204 of 2018 (2) dt.06-02-2018 2/2 Injury report of the informant is annexed as Annexure-3, wherein, doctor has found simple injury on the person of the injured.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Simri P.S. Case No.308 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.