Shashi Bhushan Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40265 of 2025 Arising Out of PS. Case No.-62 Year-2025 Thana- PANCHRUKHI District- Siwan ====================================================== Shashi Bhushan Pandey S/o Alakh Pandey R/o Village- Pengwara, P.S.- Panchrukhi and District- Siwan, Bihar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Avinash Chandra For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-07-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Panchrukhi P.S. Case No. 62 of 2025 dated 18.02.2025 (GR No. 1048 / 2025) registered under Section 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the BNS 2023.
3. As per the F.I.R. on 16.02.2025 in the evening at about 5:30 p.m. the nephew of the informant had gone to the field for running where some children were playing cricket and their ball hit in the leg of the informant's nephew. The ball was seized by him upon which the co-accused / Amit Pandey and Adarsh Pandey started abusing the informant's nephew. Thereafter, the petitioner and other accused persons armed with lathi, hockey sticks and iron rod arrived there and started assaulting the informant's nephew. It has further been alleged that the
Patna High Court CR. MISC. No.40265 of 2025(2) dt.16-07-2025 2/3 co-accused / Amit Pandey assaulted on the head of the informant's nephew with iron rod.
4. Learned counsel for the petitioner submits that petitioner is having no criminal antecedent and the occurrence has taken place on account of scuffle between the parties while children were playing cricket. A counter case has been lodged by the side of the petitioner against the informant and others bearing Panchrukhi P.S. Case No. 67 of 2025. The allegation against the petitioner is general and omnibus in nature and specific overt act has been alleged against the co-accused : Amit Pandey. From perusal of the impugned order it appears that the nephew of the informant sustained grievous injury on his head caused by hard and blunt substance which is not attributable to the petitioner.
5. Regard being had to the submission made by the parties, taking into consideration the fact that the allegation against the petitioner is general and omnibus in nature, there is case and counter case between the parties and occurrence has taken place during the game of cricket, as such, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on
Patna High Court CR. MISC. No.40265 of 2025(2) dt.16-07-2025 3/3 furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, First Class, Siwan in connection with Panchrukhi P.S. Case No. 62 of 2025 (GR No. 1048 of 2025) subject to the condition as laid down under Section 482
(2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J) praful/- U T