Aditya Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38217 of 2019 Arising Out of PS. Case No.-100 Year-2014 Thana- GUTHANI District- Siwan ====================================================== 1.

Aditya Kumar Pandey, Son of Late Gaurishankar Pandey, Resident of Village- Baluwan, P.S.- Guthni, District- Siwan 2.

Sankata Prasad Pandey, Son of Late Shirugunath Pandey, Resident of Village- Baluwan, P.S.- Guthni, District- Siwan 3.

Raghwendra Pathak @ Mannu Pathak, Son of Late Ramchandra Pathak, Resident of Village- Baluwan, P.S.- Guthni, District- Siwan 4.

Shailendra Tiwari @ Shailendra Kumar Tiwari Son of Umashankar Tiwari Resident of Village- Baluwan, P.S.- Guthni, District- Siwan 5.

Chunnilal Gupta, Son of Late Nathuni Gupta, Resident of Village- Baluwan, P.S.- Guthni, District- Siwan 6.

Ajay Prajapati @ Ajay Kumar Prajapati @ Mannu, Son of Late Arjun Kohar, Resident of Village- Baluwan, P.S.- Guthni, District- Siwan 7.

Kailash Prajapati @ Ram Kailash Prasad, Son of Late Bechu Kohar, Resident of Village- Baluwan, P.S.- Guthni, District- Siwan 8.

Dhruv Kanu @ Dhruvdev Prasad, S/o Late Raghunath Kanu, Resident of Village- Baluwan, P.S.- Guthni, District- Siwan ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Y.V. Giri, Senior Advocate Mr. Sumit Kumar Jha, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2019 This is an application for grant of anticipatory bail in connection with Ghuthni P.S. Case No. 100 of 2014, disclosing offences under Sections 147, 148, 149, 323, 353, 307, 332, 295, 295A, 395, 337, 120B, 504, 34 of IPC and Section 27 of the Arms Act.

Prosecution case is that petitioners and several other

Patna High Court CR. MISC. No.38217 of 2019(3) dt.29-08-2019 2/2 accused persons attacked the shop of the informant and looted away the articles.

Submission of the learned senior counsel appearing on behalf of the petitioners is that this is the second F.I.R. with respect to the same occurrence and earlier a police case has been lodged and after investigation, the final form has been submitted. The second F.I.R. has been lodged by the informant and making the general allegation against the petitioners and in this case also after investigation final form has been submitted, but the learned Magistrate has taken cognizance on 19.11.2018. No specific allegation has been attributed against the petitioners. Heard learned A.P.P. also.

Having heard both sides, considering the above submissions, this application is allowed. The provisional bail granted to the petitioners vide order dated 27.06.2019 is confirmed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T