Jaibansh Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53389 of 2024 Arising Out of PS. Case No.-63 Year-2021 Thana- RAJPUR District- Rohtas ====================================================== 1.
Jaibansh Pandey Son Of Late Sheshapati Pandey Resident Of Village - Kusumhara, P.S. - Rajpur, District - Rohtas (Sasaram) 2.
Badri Narain Pandey Son Of Jaibansh Pandey Resident Of Village - Kusumhara, P.S. - Rajpur, District - Rohtas (Sasaram) ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Maya Shankar Mishra, Advocate For the Opposite Party/s :
Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-08-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The accused-petitioners, named in the F.I.R., are apprehending their arrest in connection with Rajpur P.S. Case No. 63 of 2021 registered for the offences punishable under Sections 341, 323, 354, 354(c), 448, 504, 506/34 of the Indian Penal Code.
3. Allegation against the petitioners is to assault and outrage the modesty of the informant during the occurrence, where occurrence is alleged to be arising out of several pending land disputes.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.53389 of 2024(2) dt.28-08-2024 2/3 petitioners submitted that petitioners implicated with more than five cases of similar nature at the instance of informant and others as he took legal steps to remove encroachment from his land. It is submitted that title suit bearing No. 1012/2021 is also pending between the parties, before SubJudge -I, Sasaram, Rohtas. It is also submitted that petitioners are on bail in all the criminal cases as stated in para '3' of the petition.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.
6. In view of the aforesaid factual submissions and by considering the fact that prima-facie the present case appears to be lodged in the background of long pending land disputes for which Title Suit is also pending between the parties, accordingly, both above-named petitioners, in the event of their arrest/surrender within a period of four weeks from today, are directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bikramganj,
Patna High Court CR. MISC. No.53389 of 2024(2) dt.28-08-2024 3/3 Rohtas in connection with Rajpur P.S. Case No. 63 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Chandra Shekhar Jha, J) Rajeev/- U T