Sunil Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48721 of 2024 Arising Out of PS. Case No.-137 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== SUNIL PANDEY SON OF LATE KAWAL PANDE RESIDENT OF VILLAGE- LAURIYA, P.S.- GOVINDGANJ, DISTT.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2024 Heard the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 427 of the Indian Penal Code and Section 27 of Arms Act.

3.

The allegation against the petitioner is that he along with other co-accused persons went to the door of the informant armed with rifle and assaulted informant's old father and nephew. It is further alleged that accused persons brutally assaulted the informant and his family members by means of several weapons. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled

Patna High Court CR. MISC. No.48721 of 2024(2) dt.07-08-2024 2/2 against the petitioner is not specific rather general and omnibus in nature. He further submitted that after investigation police submitted final form against the petitioner but differing with the same learned Court below took cognizance against the petitioner. He further submitted that similarly situated co-accused persons have been granted anticipatory bail by this Court on 27.04.2023 passed in Cr. Misc. No.11676 of 2023. Petitioner has 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, let the above named petitioner, be released on bail, in the event of his/her 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) 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 Govindganj P.S. Case No.137 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T