Pankaj Panday v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30458 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== 1.
PANKAJ PANDAY Son of Bidhyanand Panday Resident of VillageAkabarpur Bich Bazar, P.S.- Akabarpur, District.- Nawada 2.
Monu Panday Son of Manoj Panday Resident of Village - Akabarpur Bich Bazar, P.S. - Akabarpur, District - Nawada 3.
Gunjan Panday Son of Munna Panday Resident of Village - Akabarpur Bich Bazar, P.S. - Akabarpur, District - Nawada 4.
Gopal Panday Son of Munna Panday Resident of Village - Akabarpur Bich Bazar, P.S. - Akabarpur, District - Nawada 5.
Chandan Panday Son of Munna Panday Resident of Village - Akabarpur Bich Bazar, P.S. - Akabarpur, District - Nawada 6.
Prince Panday Son of Manoj Panday Resident of Village - Akabarpur Bich Bazar, P.S. - Akabarpur, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anjani Kumar Jha For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-07-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Akbarpur Police Station Case No. 76 of 2019, disclosing offences under Sections 147, 148, 149, 341, 323, 354(b), 337, 338, 307, 379, 448, 504 and 506 of the Indian Penal Code. The allegation against the petitioners is that the petitioners, along with other co-accused persons, 12 in number,
Patna High Court CR. MISC. No.30458 of 2019(3) dt.04-07-2019 2/3 assaulted the informant's uncle and other family members of the informant, resulting into injuries on the persons of the informant's side.
Learned Counsel for the petitioners submits that both the parties are neighbours and there is case and counter case inasmuch as Akbarpur Police Station Case No. 90 of 2019 has been filed by the niece of the petitioner no. 1. He also submits that the injuries sustained by the informant's side are simple in nature. He further submits that co-accused, Ranjeet Pandey and Pappu Pandey, have been granted anticipatory bail by a Coordinate Bench of this Court, vide order, dated 28.06.2019, passed in Criminal Misc. No. 38420 of 2019.
Learned Counsel for the informant submits that there is specific allegation against the petitioners inasmuch as there is allegation against Pankaj Pandey that he has assaulted the uncle of the informant on his hand with a sharp cutting weapon. After having heard learned Counsel for the parties and taking into consideration the fact that the parties ae neighbours and there is case and counter case and the injuries caused even by the assault of petitioner no. 1, are simple in nature and on the non-vital part of the body, this application is allowed. Let the petitioners, above named, in the event of their
Patna High Court CR. MISC. No.30458 of 2019(3) dt.04-07-2019 3/3 arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate I, Nawada, in connection with Akbarpur Police Station Case No. 76 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √