Lalan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4853 of 2021 Arising Out of PS. Case No.-211 Year-2019 Thana- DARIYAPUR District- Saran ====================================================== LALAN PANDEY SON OF LATE DEONATH PANDEY Resident of Village - Shitalpur Kothi, P.S.- Dariyapur, Distt.- Saran, Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rekha Prasad For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-04-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Dariyapur Police Station Case No. 211 of 2020, registered for the offences punishable under Sections 341/347/504/307/323/ 324/325/379/506/34 of the Indian Penal Code.

The allegation, as per the First Information Report, is that the petitioner, along with other co-accused persons, variously armed, assembled near the house of the informant and assaulted the informant and his family members and it has also been alleged that the petitioner fired upon the informant, but the informant somehow managed to save himself.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.4853 of 2021(2) dt.05-04-2021 2/3 petitioner has falsely been implicated in this case with oblique motive inasmuch as for an occurrence, which had allegedly taken place on 26.06.2020, the First Information Report, bearing Dariyapur Police Station Case No. 191 of 2020 was lodged on the same date by the wife of the petitioner against the informant and his family members, in which the petitioner and his wife had sustained injuries. She further submits that the present First Information Report has been filed on 08.07.2020 for the occurrence alleged to have taken place on 26.06.2020, as a counter blast by the informant, after a delay of 12 days. She next submits that the petitioner is in custody since 04.10.2020 and the dispute between the parties was with regard to snapping of electric wire by the side of the informant, which was being objected by the petitioner's side.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the nature of allegation, I am inclined to grant regular bail to the petitioner. This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-

Patna High Court CR. MISC. No.4853 of 2021(2) dt.05-04-2021 3/3 XIII, Saran, at Chapra, in connection with Dariyapur Police Station Case No. 211 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √