Rajesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38033 of 2023 Arising Out of PS. Case No.-351 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== 1.

Rajesh Pandey Son of Ram Udar Pandey @ Late Ram Udar Pandey Resident of village - Mahamadpur Maksudan @ Mahmadpur Maksudan, P.S.- Sahebganj, District - Muzaffarpur.

2.

Rakesh Pandey Son of Ram Udar Pandey @ Late Ram Udar Pandey Resident of village - Mahamadpur Maksudan @ Mahmadpur Maksudan, P.S.- Sahebganj, District - Muzaffarpur.

3.

Rangila Pandey @ Archana Devi @ Archna Pandey Wife of Rajesh Pandey Resident of village - Mahamadpur Maksudan @ Mahmadpur Maksudan, P.S.- Sahebganj, District - Muzaffarpur.

4.

Sudhir Thakur @ Sudhir Kumar Chaudhary Son of Bishwanath Thakur @ Bishwanath Chaudhary Resident of village - Koiriya Nezam, Paru, P.S.- Paru, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 447, 323, 324, 307, 379, 385, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. According to F.I.R., on the alleged date and time, informant received information that construction was being done on his land situated at Puran Chapra Bazar. When the

Patna High Court CR. MISC. No.38033 of 2023(2) dt.07-08-2023 2/3 informant visited the said land, he saw all the F.I.R. named accused persons including these petitioners, armed with sword, iron rod and pistol, were constructing house there. When the informant objected the said construction, all the accused persons abused and assaulted him. It is further alleged that petitioner No. 1 assaulted one Jhulan Bhagat with sword due to which his head and nose got injured and then on the order of petitioner No. 2, petitioner Nos. 3 and 4 fired from the pistol.

4. It is submitted that though there is allegation of firing from pistol but no one sustained any fire arms injury. Rest of the injuries allegedly caused by these petitioners are simple in nature. F.I.R. lodged by the petitioners is earlier in point of time. Petitioners have got clean antecedent.

5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Chakia P. S. Case No. 351 of 2012, subject to condition as laid down under Section 438(2) of the

Patna High Court CR. MISC. No.38033 of 2023(2) dt.07-08-2023 3/3 Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T