Surendra Pandey And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23600 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -BUXAR INDUSTRIAL District- BUXAR ======================================================

1. Surendra Pandey

2. Anil Pandey Both sons of late Shiv Janam Pandey @ Shiv Bhajan Pandey.

3. Anurag Pandey @ Anu Pandey, son of Santosh Pandey.

4. Hemant Pandey.

5. Antu Pandey, Both sons of Surendra Pandey. All resident of Village Sahopara, Police Station- Buxar Industrical Area, District Buxar.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rang Nath Choubey, Adv. For the Opposite Party : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-08-2017 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Buxar Industrial Area P.S. Case No.67 of 2017, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 120(B) of the Indian Penal Code. Allegation has been made that all the accused persons have assaulted mercilessly to the victim. From the case diary, it appears that Bhuneshwar Pandey and Arjun Pandey were assaulted badly, which is also clear from the injury report. The cause of this incident is that the

Patna High Court Cr.Misc. No.23600 of 2017 (3) dt.22-08-2017 2/2 petitioners were teasing the girls, which was opposed by these persons and on account they have been assaulted by the petitioners.

From the record, it appears that Antu Pandey, petitioner no.5 has also received injury and was admitted in the Trauma Centre, Banaras Hindu University.

Looking to the aforesaid fact, let the petitioner no.5, namely, Antu Pandey, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Buxar Industrial Area P.S. Case No.67 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. So far as the bail of rest petitioners i.e. petitioner nos.1, 2, 3 and 4 is concerned, the same is rejected. (Shivaji Pandey, J) pawan/- U