Ankit Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47484 of 2024 Arising Out of PS. Case No.-402 Year-2023 Thana- CHENARI District- Rohtas ====================================================== Ankit Pandey S/O Late Suresh Pandey R/O village- Malahar,P.S.-Chenari, Distt-Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Pandey, Adv.
For the Opposite Party/s :
Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chenari P.S. Case No. 402 of 2023 dated 03.12.2023 registered for the offences punishable u/ss 341, 323, 325, 307, 354B, 379, 504, 506 read with Section 34 of the Indian Penal Code and later on the case converted u/s 302 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have come to the house of the informant and started assaulting the informant's father. The coaccused, Alok Tiwari assaulted the informant's father with iron rod due to which he sustained injury in his eye. The co-accused,
Patna High Court CR. MISC. No.47484 of 2024(2) dt.24-07-2024 2/3 Rajnish Pandey assaulted the informant's father with garasha on his ear. The petitioner assaulted the informant's father with garasha due to which he sustained injury in his neck. It is further alleged that the accused persons stole away the ornaments and clothes from the house of the informant. Thereafter, the injured was taken to the hospital for treatment.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has been made accused in this case due to earlier dispute with the informant. The occurrence took place on 29.11.2023 but the F.I.R. was lodged on 05.12.2023 after a delay of 5 days without any explanation. As per the P.M. report of the deceased, no injury was found on the neck of the deceased. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.02.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of
Patna High Court CR. MISC. No.47484 of 2024(2) dt.24-07-2024 3/3 the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with Chenari P.S. Case No. 402 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T