Prem Shankar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42764 of 2025 Arising Out of PS. Case No.-35 Year-2025 Thana- DHANSOI District- Buxar ====================================================== Prem Shankar Pandey S/O Late Sriniwas Pandey R/O Village- Gogahi, PSDhansoi, P.O.- Gogaura, Dist.- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Kumar For the Opposite Party/s :
Mr. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 126(2), 115(2), 117(2), 109, 303(2), 352, 3(5) of Bharatiya Nyaya Sanhita.
3. The prosecution case in nutshell is that, accused persons allegedly came to the house of the informant and attempted to misbehave with female members of the family under the pretext of playing Holi, which was objected to by the informant. It is further alleged that thereafter, the
Patna High Court CR. MISC. No.42764 of 2025(2) dt.14-07-2025 2/3 petitioner, along with other co-accused persons, came to the door of the informant and started abusing him. When the informant raised an objection, the petitioner allegedly assaulted him with an iron rod, causing a fracture in his hand. It is further alleged that other co-accused persons also assaulted the informant. When the informant's brother and mother came to his rescue, they too were assaulted by the coaccused persons, resulting in a fracture in the leg of the informant's brother. It is also alleged that co-accused Bharat Bari snatched the 'Mangalsutra' from the possession of the informant's mother.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Informant and petitioner are neighbours and in the background of previous dispute, present occurrence took place. There is case and counter case between them. It is further submitted that there is inordinate delay of 02 days in lodging the F.I.R. As per allegation, petitioner has assaulted him by means of Rama due to which he has sustained injuries on his hand, which is not a vital part
Patna High Court CR. MISC. No.42764 of 2025(2) dt.14-07-2025 3/3 of the body (Injury report is annexed as Annexure P/2).
5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Dhansoi P.S. Case no. 35 of 2025, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(S. B. Pd. Singh, J) Nirajkrs/- U T