Rajendra Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36379 of 2020 Arising Out of PS. Case No.-46 Year-2018 Thana- BAGENGOLA District- Buxar ====================================================== RAJENDRA PANDEY, aged about 50 years, Gender-Male, S/o Chandrama Pandey, Resident of Village-Pakarahi, Police Station-Bagengola, DistrictBuxar. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Arun Kumar Pandey, Advocate.
For the State :
Mr. Choubey Jawahar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.
Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner seeks bail in a case registered for the offence under Sections 147, 148, 149, 341, 307, 302 of the I.P.C. and 27 of the Arms Act.
The prosecution story, in brief, is that on 11.07.2018 at about 6.00 P.M., the informant Mukesh Pandey was placing
Patna High Court CR. MISC. No.36379 of 2020(2) dt.01-02-2021 2/3 Cow then he heard sound of hulla and went at the door then saw that Rajendra Pandey (petitioner) has opened fire with Rifle upon his father namely, Yogendra Pandey. On the instigation of Chandrama Pandey, other co-accused persons named in the F.I.R. have assaulted the informant. Sonu Pandey has opened fire with Rifle upon the informant but he saved and co-accused Ajay Pandey assaulted with Lathi to the informant. When his younger brother came to save him, co-accused Durgesh Pandey @ Sugan Pandey caused injury upon his younger brother by means of Lathi. Co-accused Sushila Devi, wife of the petitioner, has also instigated to kill informant's side and co-accused Vijay Pandey has opened fire with constructed Rifle. Earlier bail application of the petitioner was rejected vide Cr. Misc. No. 32424 of 2019 under order dated 20.09.2019 by this Court, annexed as Annexure-1 to the present application. This is second attempt on behalf of the petitioner for grant of bail.
It has been submitted on behalf of the petitioner that the evidence on behalf of the prosecution has already been closed and the matter has been fixed for argument. Considering the same, learned counsel for the petitioner seeks permission to withdraw the present application
Patna High Court CR. MISC. No.36379 of 2020(2) dt.01-02-2021 3/3 filed on behalf of the petitioner in connection with Sessions Trial No. 311/2018, arising out of Bagengola P.S. Case No. 46 of 2018, pending in the court of learned Sessions Judge, Buxar. Permission is accorded.
Accordingly, the present bail application is dismissed as withdrawn The court below is directed to take all necessary steps to conclude the trial preferably within a period of three months from the date of receipt/production of copy of this order. (Sudhir Singh, J) U.K./- U T