Shambhu Pandey And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7211 of 2015 Arising Out of PS.Case No. -190 Year- 2014 Thana -BIHRA District- SAHARSA ======================================================

1. Shambhu Pandey S/o Late Surendra Pandey

2. Lalan Pandey S/o Brahma Narayan Pandey

3. Prashans Kumar Pandey @ Mani Pandey @ Mani S/o Late Shivnarayan Pandey

4. Aashish Pandey @ Ashish Kumar S/o Chandrabhushan Pandey

5. Awadhesh Pandey @ Giridhar Pandey S/o Late Hrideshwar Pandey

6. Samrendra Pandey S/o Late Kamal Pandey

7. Uday Pandey @ Uday Kumar Pandey @ Vdai Pandey S/o Ganesh Pandey

8. Sachhidanand Pandey S/o Nageshwar Pandey

9. Jyotish Pandey S/o Ram Manohar Pandey

10. Amrendra Pandey S/o Late Dayanand Pandey All are Resident of Village Rahua, Police Station Bihra, District Saharsa. .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Satish Kumar Singh For the Opposite Party : Mr. Dilip Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-03-2015 Heard learned counsels for the petitioners and the State.

It is submitted by learned counsel for the petitioners that petitioner No. 6 namely Samrendra Pandey has been arrested, hence his application has become infructuous. Accordingly the application with regard to petitioner No. 6 is disposed off.

The Petitioners except petitioner No. 6 are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 380, 427, 454 of the

Patna High Court Cr.Misc. No.7211 of 2015 (2) dt.03-03-2015 2/2 I.P.C.

It is alleged that when the informant went outside F.I.R named accused persons along with 10-11 unknown committed theft in the house of the informant. The reason for committing theft is that the informant married his daughter with a co-villager in the same gotra which was being opposed by the villagers including the petitioners. It is submitted by learned counsel for the petitioners that marriage of daughter of the informant in the same gotra was opposed by the petitioners' side, hence the petitioners have been roped in the present case and as per First Information Report the informant is not the eye witness of the occurrence.

Considering the aforesaid facts, let the petitioners, above named, except petitioner No. 6, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Saharsa in connection with Bihra P.S. Case No. 190 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T