Amrendra Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49854 of 2024 Arising Out of PS. Case No.-164 Year-2024 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.
AMRENDRA KUMAR PANDEY SON OF RAMESH KUMAR PANDEY R/O- VILLAGE- BALIYA, P.S.- MAHARAJGANJ, DSTT.- SIWAN 2.
AMIT PANDEY @ AMIT KUMAR PANDEY SON OF TUNTUN PANDEY R/O- VILLAGE- BALIYA, P.S.- MAHARAJGANJ, DSTT.- SIWAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary For the Opposite Party/s :
Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-01-2025 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection with Maharajganj P.S. Case No. 164 of 2024, registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.
3. The allegation against petitioner no. 1 is that he inflicted blow which hit the hand of the injured whereas petitioner no. 2 inflicted sword blow on the head of the injured.
4. The learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is case and counter case. The FIR itself shows that
Patna High Court CR. MISC. No.49854 of 2024(3) dt.18-01-2025 2/2 petitioner no.1 did not assault the injured on his vital part.
5. On the other hand, the learned APP for the State has opposed the prayer for bail and submitted that the injuries suffered by the injured are grievous in nature to which the learned counsel for the petitioners submits that it is not attributed against petitioner no. 1.
6. Considering the above-mentioned facts and circumstances, let petitioner no. 1, in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Siwan in connection with Maharajganj P.S. Case No. 164 of 2024, subject to condition as laid down under section 438(2) Cr. P.C.
7. Since there is specific allegation against petitioner no. 2 to assault the informant on his head with sword, as such, he does not deserve the privileges of anticipatory bail. Accordingly, the prayer for bail against petitioner no. 2 is rejected.
(Nawneet Kumar Pandey, J) Nirmal/- U T