Srikant Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.454 of 2021 Arising Out of PS. Case No.-19 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.

SRIKANT PANDEY Son Of Late Shivratan Das Resident Of Village - Maner, P. S. - Daudnagar, District - Aurangabad. 2.

Chandralok Kumar Son Of Srikant Pandey Resident Of Village - Maner, P. S. - Daudnagar, District - Aurangabad.

3.

Kapil Sharma Son Of Late Godawari Singh Resident Of Village - Maner, P. S. - Daudnagar, District - Aurangabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vyas Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Further, learned counsel for the petitioners submits that in the prayer portion of the present application, due to typographical error, the satisfaction of the court has been typed as "Additional

Patna High Court CR. MISC. No.454 of 2021(3) dt.01-02-2022 2/3 District and Sessions Judge IV, Aurangabad" in place of "S.D.J.M., Daudnagar, Aurangabad".

Let in the prayer portion of the application, the words "Additional District and Sessions Judge IV, Aurangabad" be corrected to be read as "S.D.J.M., Daudnagar, Aurangabad". The petitioners are apprehending their arrest in connection with Daudnagar P.S. case No.19 of 2020 registered under Sections 341, 447, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation is that the accused persons including the petitioners alongwith some unknown persons started firing at the house of the informant, but it did not hit him. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail

Patna High Court CR. MISC. No.454 of 2021(3) dt.01-02-2022 3/3 application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Considering the facts and circumstances, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad in connection with Daudnagar P.S. case No.19 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T