Ramakant Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35413 of 2020 Arising Out of PS. Case No.-100 Year-2020 Thana- NOKHA District- Rohtas ====================================================== 1.

RAMAKANT PANDEY, Son of Ram Chandra Pandey Resident of VillageParhwa, P.S.- Nokha (Dharampura), District- Rohtas at Sasaram (Bihar) 2.

Murari Pandey, Son of Ramakant Pandey Resident of Village- Parhwa, P.S.- Nokha (Dharampura), District- Rohtas at Sasaram (Bihar) 3.

Bitul Pandey, Son of Uday Pandey Resident of Village- Parhwa, P.S.- Nokha (Dharampura), District- Rohtas at Sasaram (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-03-2021 Heard Mr. Jai Prakash Singh, learned counsel for the petitioners and Mr. Murli Dhar, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Nokha P. S. Case No. 100 of 2020, dated 06.06.2020, instituted for the offences under Sections 147, 148, 140, 341, 342, 223, 324, 325, 307, 354, 504 and 506 of the Indian Penal Code. The petitioners are said to have assaulted several persons of the family of the informant on the call

Patna High Court CR. MISC. No.35413 of 2020(2) dt.25-03-2021 2/3 of one Guddu Pandey.

The learned counsel for the petitioners has further submitted that there is a counter version of the occurrence also. A dispute had taken place between the parties, who are agnates also, over the dirt from the drain having been kept on the road which had obstructed the free flow of traffic.

The injuries suffered by the prosecution side are all opined to be simple in nature.

Apart from this, the learned counsel for the petitioners has submitted that persons from their side also have been injured.

There is long standing enimities between the two families of the informant as also of the petitioners. Regard being had to the general and omnibus nature of accusation and the background facts and also taking into account that the petitioners do not have criminal antecedents, the petitioners, above-named, are directed to be released on bail, in the event of their

Patna High Court CR. MISC. No.35413 of 2020(2) dt.25-03-2021 3/3 arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Nokha P. S. Case No. 100 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T