Kanhaiya Pandey @ Kishan Kanhaiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56652 of 2024 Arising Out of PS. Case No.-690 Year-2023 Thana- JAMUI District- Jamui ====================================================== Kanhaiya Pandey @ Kishan Kanhaiya Son of Pranav Kumar Pandey R/O Vill.- Shastri Colony, P.S. and Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Prakash, Advocate For the Opposite Party/s :

Mr.Nawal Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-09-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Jamui PS case no. 690 of 2023, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 23.11.2023, while the informant along with his brother was returning back to home, near the first transformer, the petitioner along with other intercepted the informant and his brother and started assaulting the informant by sharp weapon, due to which, he sustained injury near his nose and eye. Subsequently, the brother of the informant was also assaulted who sustained injury. Accused persons snatched Rs. 10,000/-

Patna High Court CR. MISC. No.56652 of 2024(2) dt.04-09-2024 2/3 and a golden chain from the informant.

4.

Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case due to personal rivalry, inasmuch as the petitioner and the informant are residing in the same mohalla i.e. Shastri Colony. Learned counsel further submits that fact of the matter is that motorcycle of some unknown person dashed with the car of the informant, due to which, informant's side started abusing and assaulting the motorcycle rider and when the petitioner along with others intervened, they have been made accused. He next submits that the petitioner is a student having no criminal antecedent. 5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that the injury caused to the informant and his brother is simple in nature, petitioner is a student and he has no criminal antecedent I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.56652 of 2024(2) dt.04-09-2024 3/3 satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jamui PS case no. 690 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T