Raju Pandey @ Raj Kumar Pandey @ Raju Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59029 of 2024 Arising Out of PS. Case No.-265 Year-2024 Thana- BUXAR District- Buxar ====================================================== Raju Pandey @ Raj Kumar Pandey @ Raju Kumar Pandey son of Birendra Pandey @ Virendra Pandey village- Samsanghat Buxar Charitravan, PsBuxar(T), Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Gupta, Adv.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Buxar (T) P.S. Case No. 265 of 2024 dated 16.05.2024, instituted for the offence punishable under Sections 341, 323, 325, 307 and 506 of the Indian Penal Code.

3. The allegation against the petitioner is of assaulting the informant till he became unconscious.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that that occurrence took place on 14.05.2024 but the F.I.R. has been lodged after two days of the occurrence without any plausible explanation of delay. It is

Patna High Court CR. MISC. No.59029 of 2024(2) dt.11-09-2024 2/2 submitted that at the time of anticipatory bail application, the learned Sessions Judge has stated that in spite of several opportunities the prosecution did not produce any injury report. It appears from the F.I.R. that the informant went to hospital but he did not make any complaint there which creates doubt in the prosecution story. Lastly, it has been submitted that he has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Buxar (T) P.S. Case No. 265 of 2024, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar, subject to condition as laid down under Section 438(2) of the Cr.P.C..

(Khatim Reza, J) prabhat/- U T