Nagendra Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44805 of 2023 Arising Out of PS. Case No.-172 Year-2022 Thana- DAWATH District- Rohtas ====================================================== NAGENDRA PANDEY Son of Late Shiv Dani Pandey Resident of village - Deorhi, P.s.- Dawath, Distt. - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dineshwar Mishra, Adv.

For the Opposite Party/s :

Mr.Kanhaiya Kishore, APP For the Informant :

Mr.Pawan Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

Petitioner apprehends his arrest in connection with Dawath P.S. Case No.172 of 2022, registered for the offence punishable u/s 147, 148, 149, 341, 323, 307 of the IPC and 27 of the Arms Act.

3.

Petitioner is said to have fired upon one Vipendra Pandey. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is general and omnibus allegation against the petitioner. Petitioner has one criminal antecedent and several similarly situated co-accused

Patna High Court CR. MISC. No.44805 of 2023(2) dt.23-08-2023 2/2 have been granted regular and anticipatory bail by the learned Court below and co-ordinate Benches of this Court. 5.

Learned APP for the State opposed the prayer for bail by submitting that there is direct allegation of firing by the petitioner upon Vipendra Pandey and fire arm injury was found on his body.

6.

Having regard to the facts and circumstances of the case, considering the nature of allegation and the corresponding fire arm injury, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T