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Patna High CourtCR. MISC./50442/2025partly allowed disposal

Jitendra Pandey @ Jitendra Narayan Pandey v. The State Of Bihar

2025-08-11Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50442 of 2025 Arising Out of PS. Case No.-194 Year-2025 Thana- BARH District- Patna ====================================================== 1.

Jitendra Pandey @ Jitendra Narayan Pandey S/o- Late Rajendra Pandey Village- W.No-22, Po Ps- Barh Dist- Patna 2.

Raju Pandey @ Raju Tiwari S/o- Late Ramashray Pandey Village- W.No-22, Po Ps- Barh Dist- Patna 3.

Karu Pandey @ Mahesh Tiwari S/o- Late Ramashray Pandey VillageW.No-22, Po Ps- Barh Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gaurav Kumar, Advocate.

For the Opposite Party/s :

Mr.Manoj Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-08-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP for the State.

2. At the outset, learned counsel appearing on behalf of the petitioners seeks to withdraw the prayer for pre-arrest bail on behalf of the petitioner no.3 informing that petitioner no.3 has been arrested during the pendency of the bail application.

3. Accordingly, the prayer for bail on behalf of petitioner no.3 is dismissed as withdrawn.

4. The petitioner nos. 1 and 2 seek pre-arrest bail in connection with Barh P.S. Case No. 194 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 117(2),

Patna High Court CR. MISC. No.50442 of 2025(2) dt.11-08-2025 2/3 109(1), 303(2), 352, 351(2) and 3(5) of the BNS.

5. As per the allegation made in the F.I.R., the petitioners along with other accused persons are said to have assaulted the informant and his son-in-law causing grievous injury.

6. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have committed no offence as alleged. Petitioners have clean antecedent.

7. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

8. Considering the nature of allegation made against the petitioner no.2 Raju Pandey @ Raju Tiwari to be general and omnibus, the petitioner no.2, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Barh, Patna in connection with Barh P.S. Case No. 194 of 2025, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

9. The District Court is directed to verify the criminal

Patna High Court CR. MISC. No.50442 of 2025(2) dt.11-08-2025 3/3 antecedent of the petitioner no.2 and if it is found that the petitioner no. 2 is involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

10. Considering the nature of allegation against petitioner no.1 Jitendra Pandey @ Jitendra Narayan Pandey, I am not inclined to enlarge him on pre-arrest bail.

11. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T