Suren Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39335 of 2022 Arising Out of PS. Case No.-559 Year-2021 Thana- MADHAURAH District- Saran ====================================================== Suren Kumar Pandey Son of Baleshwar Pandey Resident of Village - Marachiya, P.s.- Khaira, Distt.- Saran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-11-2022 Heard both sides.

The petitioner apprehends his arrest in connection with Madhaura P.S. Case No.559 of 2021, registered for the offences punishable under Sections 420, 467, 468, 471, 387, 504, 506, 120(B) and 34 of the Indian Penal Code.

Allegedly, the informant has purchased a piece of land from his villager, Mantu Singh. In the meantime, co-accused persons in collusion and conspiracy with Mukhiya representative have filled up 50 tailors soil on the said land for construction of road. A panchayati was convened in which it was decided that the soil would be removed from his land. Whenever the informant tried to remove the soil from his land, the accused persons abused and threatened him.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.39335 of 2022(2) dt.17-11-2022 2/2 present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the petitioner is the purchaser of the said land. It is submitted that no specific overt act is alleged against the petitioner. Learned counsel for the petitioner further submits that similarly situated co-accused, Basanti Devi has already been granted anticipatory bail by this Court vide order dated 18.08.2022, passed in Cr. Misc. No.19220 of 2022. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Considering the facts aforesaid, let petitioner, above named, 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 learned Chief Judicial Magistrate, Saran at Chapra in connection with Madhaura P.S. Case No.559 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T