Suresh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43726 of 2021 Arising Out of PS. Case No.-158 Year-2020 Thana- TARARI District- Bhojpur ====================================================== 1.

Suresh Pandey S/o Jamuna Pandey R/o village - Bhakura, P.S. - Tarari, District - Bhojpur.

2.

Manu Pandey S/o Parshuram Pandey R/o village - Bhakura, P.S. - Tarari, District - Bhojpur.

3.

Sachin Pandey S/o Umesh Pandey R/o village - Bhakura, P.S. - Tarari, District - Bhojpur.

4.

Karan Pandey S/o Virendra Pandey R/o village - Bhakura, P.S. - Tarari, District - Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in Tarari P.S. Case No.158 of 2020, registered for the offences punishable under Sections 341, 323, 308, 448, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioners No.2, 3 and 4 are said to have dragged the informant from her house, thrown her on the road and made firing. When the mother-in-law and one Sheela Devi came to save the informant, the accused persons assaulted them also.

Patna High Court CR. MISC. No.43726 of 2021(4) dt.28-07-2022 2/3 Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. There is general and omnibus allegation against the petitioners. It is further submitted that the injuries are simple in nature. Learned counsel for the petitioner submits that earlier co-accused, Ramshila Devi had filed a case against the informant and her family members vide Tarari P.S. Case No.134 of 2020, dated 18.07.2020 and thereafter the present case has been filed by the informant. It is lastly submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the facts that co-accused, Ramshila Devi had earlier filed a case against the informant and her family members and the injuries are simple in nature, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bhojpur at Ara in connection with

Patna High Court CR. MISC. No.43726 of 2021(4) dt.28-07-2022 3/3 Tarari P.S. Case No.158 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J.) Sanjay/- U T