Raj Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54592 of 2021 Arising Out of PS. Case No.-133 Year-2020 Thana- KHAIRA District- Jamui ====================================================== 1.
RAJ KUMAR PANDEY SON OF BHOLA PANDEY @ BHAILU PANDEY RESIDENT OF VILOLAGE - BTIHIYA, P.S.- KHAIRA, DISTRICT- JAMUI 2.
DHEERAJ PANDEY SON OF RAJKUMAR PANDEY RESIDENT OF VILLAGE- TIHIYA, P.S- KHIRA, DIST- JAMUI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash Parasar For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2022 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Khaira P.S. Case no. 133 of 2020 instituted for the offence punishable under Sections 147, 148, 149, 323, 307, 353, 188, 189, 269 and 270 of the Indian Penal Code and Section 3 and 4 of the Epidemic Disease Act.
As per allegation in the FIR, petitioner has disobeyed the rules of Covid guidelines. It is further alleged that petitioner along with other co-accused persons have created hindrance in discharging the official duty due to which police personnel have
Patna High Court CR. MISC. No.54592 of 2021(2) dt.12-04-2022 2/3 sustained injuries.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Injuries received by the police officials are simple in nature. General and omnibus allegations have been levelled against him. No overt act has been alleged against the petitioner. Petitioner is an old retired person from defence and there is no probability of his engagement in anti social work. Similarly situated co-accused person has already been granted bail by this Court vide order dated 4.2.2022 passed in Cr. Misc. No. 28716 of 2021.
Learned APP appearing for the State has opposed the prayer of Bail.
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 petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Khaira P.S. Case no. 133 of 2020, 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 CJM, Jamui subject to
Patna High Court CR. MISC. No.54592 of 2021(2) dt.12-04-2022 3/3 the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U