Laxman Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36321 of 2024 Arising Out of PS. Case No.-16 Year-2024 Thana- RAJPUR District- Buxar ====================================================== 1.
Laxman Pandey Son of Late Raj Narayan Pandey R/O Vill.- Kataria, P.S.- Rajpur, Dist.- Buxar 2.
Sudama Pandey son of Late Raj Narayan Pandey R/O Vill.- Kataria, P.S.- Rajpur, Dist.- Buxar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saket Gupta For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-07-2024 Heard learned counsel for the petitioners, informant and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 337, 307, 379, 504, 506 and34 of the Indian Penal Code.
3. Petitioners are said to have assaulted the husband of the informant and her brother-in-law by means of iron rod.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter case between the parties. He submits that the injury found upon the victim is simple in nature. He submits that the present case is the counter blast to the FIR which has been instituted by the petitioner no. 1 as against the husband and brother-in-law of the informant. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled
Patna High Court CR. MISC. No.36321 of 2024(2) dt.10-07-2024 2/2 against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State and informant oppose the prayer for bail submit that the injury found upon the victim is grievous in nature.
6. Considering the facts and circumstances of the case and the fact that there is general and omnibus allegation against the petitioner no. 1, let the above named petitioner no. 1 in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rajpur P.S. Case No. 16 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
7. So far as petitioner no. 2 is concerned, I am not inclined to enlarge the petitioner no. 2 on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with the aforesaid case.
(Anjani Kumar Sharan, J) devendra/- U T