Hira Lal Pandey @ Prince Pandey @ Prince @ Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32320 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- MOKAMAH District- Patna ====================================================== Hira Lal Pandey @ Prince Pandey @ Prince @ Prince Kumar Son of Vimalkant Pandey @ Vimal Pandey Resident of Village - Shahbegpur, Ward No.- 22, Chintamani Chak, P.S.- Mokama, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Mokama P.S. Case No. 39 of 2025 (G. R. No. 322 of 2025) registered for the alleged offence under Sections 352, 352(2), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

03. As per prosecution case, the informant intervened in a fight taking place between two groups and pacified the matter. The informant alleged that petitioner was one of the persons involved in the fight. Subsequently, the informant came to know that some persons came to his shops and fired upon the shops. One cartridge hit the door of his one of the shops and

Patna High Court CR. MISC. No.32320 of 2025(2) dt.22-05-2025 2/3 another shot hit the shutter of other shop of the informant. The informant showed his suspicion that this petitioner and coaccused fired upon his shops.

04. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. No such occurrence in the manner as alleged has ever taken place. From the FIR itself, it is apparent that no one has seen any person firing upon the shops of the informant and the reason for petitioner being involved in the firing is simply absurd. As the informant has stated that a quarrel was taken place and he intervened and pacified the matter, but the petitioner was never involved in any quarrel with anyone and the petitioner was not knowing this informant from before and was not having any grievance against him. The petitioner has just completed his graduation and belongs to a respectable family. The petitioner is having clean antecedent.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the completely vague nature of allegation and possibility of false implication, let the petitioner above named, in the event of his

Patna High Court CR. MISC. No.32320 of 2025(2) dt.22-05-2025 3/3 arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Barh/court concerned in connection with Mokama P.S. Case No. 39 of 2025 (G.R. No. 322 of 2025), subject to the condition laid down under Section 482(2) of BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T