Lala Pandey @ Saurabh Kumar Shastri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41915 of 2025 Arising Out of PS. Case No.-101 Year-2023 Thana- SOHSARAI District- Nalanda ====================================================== Lala Pandey @ Saurabh Kumar Shastri S/o Vijay Kumar Pandey Resident of Mohalla- Khashganj, P.S.- Sohsarai, Distt.- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabindra Prasad Singh, Advocate For the Opposite Party/s :
Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-07-2025 Heard Mr. Rabindra Prasad Singh, learned counsel for the petitioner and Mrs. Madhuri Lata, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Sohsarai P.S. Case No. 101 of 2023, F.I.R. dated 01.04.2023 for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 506, 353, 307 and 153A of the Indian Penal Code and Section 27 of the Arms Act.
3. According to prosecution case, more than 150 persons including this petitioner of two different communities were pelting stones upon each other and started firing.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.41915 of 2025(2) dt.16-07-2025 2/3 petitioner has not committed any offences as alleged in the F.I.R. Although petitioner is named in the FIR and it appears from the FIR that there is no specific allegation of assault or firing against this petitioner rather there is general and omnibus allegation against 19 known and 140-150 unknown persons. He further submits that the similarly situated co-accused, namely, Sujit Sao @ Sujit Kumar and another have been granted anticipatory bail by this Court vide order dated 12.05.2025 passed in Cr. Misc. No. 28902 of 2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent, there is no specific allegation against this petitioner and similarly situated coaccused persons have been granted bail by this Court, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Sohsarai P.S. Case No. 101 of 2023, subject to the conditions as
Patna High Court CR. MISC. No.41915 of 2025(2) dt.16-07-2025 3/3 laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T