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Patna High CourtCR. MISC./44226/2023allowed

Rabi Kumar Pandey @ Lakhi Pandey @ Ravi Kumar Pandey v. The State Of Bihar

2023-08-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44226 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- BHANGWANPUR HAT District- Siwan ====================================================== 1.

RABI KUMAR PANDEY @ LAKHI PANDEY @ RAVI KUMAR PANDEY son of Shatrughan Pandey Village- Pandit ke Rampur PsBhagwanpur Hat Dist- Siwan 2.

Daroga Pandey son of Late Ramayan Pandey Village- Pandit ke Rampur PsBhagwanpur Hat Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 307, 379 and other allied Sections of the Indian Penal Code.

3. Allegedly, the petitioners and other co-accused persons brutally assaulted the informant's side by means of several weapons as a result of which they got injured.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.44226 of 2023(2) dt.22-08-2023 2/2 general and omnibus in nature. There is a case and counter-case between the parties. He further submits that though there is a specific allegation against the petitioner no.1 to assault the informant by means of iron rod but the injury is of simple nature. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of injury, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bhagwanpur Hat P.S. Case No.28 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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