Ram Prakash Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62576 of 2021 Arising Out of PS. Case No.-115 Year-2021 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== 1.

RAM PRAKASH PANDEY S/O LATE BUCHCHAN PANDEY R/o village- Ufraul, P.S.- Ghanshyampur, District- Darbhanga (Bihar) 2.

Ram Chandra Pandey @ Ramyad Pandey S/o Late Buchchan Pandey R/o village- Ufraul, P.S.- Ghanshyampur, District- Darbhanga (Bihar) 3.

Janki Pandey S/o Late Buchchan Pandey R/o village- Ufraul, P.S.- Ghanshyampur, District- Darbhanga (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2022 By order dated 26.07.2022, prayer for anticipatory bail in respect of petitioner no.1, Ram Prakash Pandey was already permitted to be withdrawn.

Heard learned counsel for the petitioners and learned APP for the State.

Petitioner Nos.2 and 3 apprehend their arrest in connection with Ghanshyampur P.S. Case No.115 of 2021, registered for the offences punishable under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code. Petitioners along with other co-accused persons are said to have assaulted the informant by means of iron rod,

Patna High Court CR. MISC. No.62576 of 2021(4) dt.23-08-2022 2/3 khanti and lathi on his head, right hand and left leg. When the brother of the informant, he was also assaulted by means of khanti and rod causing injury on his head. It is also alleged that when the father and grandfather of the informant came to save the informant, they were also assaulted. Wife of petitioner no.2 is said to have snatched a locket made of gold from the informant.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. It is also submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is case and counter case between the parties and both sides sustained injuries. The injuries are simple in nature.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the facts aforesaid, let petitioners no.2 and 3, namely, Ram Chandra Pandey @ Ramyad Pandey and Janki Pandey, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two

Patna High Court CR. MISC. No.62576 of 2021(4) dt.23-08-2022 3/3 sureties of the like amount each to the satisfaction of learned A.C.J.M. - 3rd, Biraul, District Darbhanga in connection with Ghanshyampur P.S. Case No.115 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T