Kundan Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.342 of 2021 Arising Out of PS. Case No.-153 Year-2019 Thana- BELSAND District- Sitamarhi ====================================================== 1.

KUNDAN KUMAR PANDEY, Son of Late Ram Kishore Pandey Resident of Village- New Sabalpur, P.S.- Barhara, District- Bhojpur (Ara). 2.

Vikash Pandey, Son of Mithilesh Pandey Resident of Village- New Sabalpur, P.S.- Barhara, District- Bhojpur (Ara).

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Bachan Jee Ojha For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-06-2021 Heard Mr. Bachan Jee Ojha, learned Advocate for the appellants and Mr. Binay Krishna, learned Special Public Prosecutor for the State.

This appeal is directed against the order dated 12.06.2020, passed by the learned A.D.J. 1st cum Special Judge, Sitamarhi, in ABP No. 558 of 2020 / 83 of 2020, arising out of Belsand P. S. Case No. 153 of 2019, whereby the prayer made on behalf of the appellants for grant of anticipatory bail for the offences punishable under Sections 448, 341, 323, 419, 420, 354B, 427, 504, 506 and 34 of the Indian Penal Code,

Patna High Court CR. APP (SJ) No.342 of 2021(2) dt.29-06-2021 2/3 has been rejected.

The appellants are stated to have reaped the standing crops on the land of one Abhishek Kumar Pandey and when this was protested by the informant, he was abused and assaulted.

The learned counsel for the appellants has submitted that the land in question was purchased by the appellants from aforesaid Abhishek Kumar Pandey but he wanted to have the land returned at the cost which was paid in the year 2007. It is precisely for this reason that aforesaid Abhishek Kumar Pandey has set up the informant to institute a false case against the appellants.

Regard being had to the nature of accusation against the appellants and the background facts, the order dated 12.06.2020, passed by the learned A.D.J. 1st cum Special Judge, Sitamarhi, is set aside. The appeal stands allowed.

The appellants, above-named, are directed to

Patna High Court CR. APP (SJ) No.342 of 2021(2) dt.29-06-2021 3/3 be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J. 1st cum Special Judge, Sitamarhi, in connection with Belsand P. S. Case No. 153 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U T