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Patna High CourtCR. MISC./66682/2021allowed

Parsuram Pandey v. The State Of Bihar

2022-08-01Mr. Justice Sunil Kumar Panwar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66682 of 2021 Arising Out of PS. Case No.-168 Year-2021 Thana- GUTHANI District- Siwan ====================================================== 1.

Parsuram Pandey Son Of Late Suraj Pandey Resident Of Village- Pachnerua, P.O.- Chakari, P.S.- Guthani, Distt.- Siwan.

2.

Sharmaji Pandey Son of Late Suraj Pandey Resident of Village- Pachnerua, P.O.- Chakari, P.s.- Guthani, Distt.- Siwan.

3.

Vijay Pandey @ Vijay Kumar Pandey Son of Late Suraj Pandey Resident of Village- Pachnerua, P.O.- Chakari, P.s.- Guthani, Distt.- Siwan. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 811 of 2022 Arising Out of PS. Case No.-132 Year-2020 Thana- HATHAURI District- Samastipur ====================================================== Vishnu Yadav S/O Lakho Yadav R/O Village- Kankar, P.S.- Hathauri, DistrictSamastipur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 66682 of 2021) For the Petitioner/s :

Mr.Nawnit Kumar Tiwary For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha (In CRIMINAL MISCELLANEOUS No. 811 of 2022) For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners and

2/4 learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 148, 149, 341, 323, 307, 379, 448 of the Indian Penal Code.

Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner No. 1 namely Parsuram Pandey.

Permission is accorded.

Accordingly, the petition with regard to petitioner No. 1 is permitted to be withdrawn. It is alleged against the petitioners that they along with other accused persons entered into the house of the informant and assaulted the informant and other members The accused persons also robbed the household articles and gold ornaments.

It is submitted by learned counsel for the petitioners that there is counter version of the occurrence also and petitioners' side also received

3/4 grievous injuries. The specific accusation of assaulting the injured with iron rod is not against the petitioners except petitioner Parsuram Pandey whose application has been permitted to be withdrawn. There is general and omnibus allegation against the petitioners. Moreover, a compromise has also taken place between the parties. The compromise petition is annexed as Annexure-5 series of the supplementary affidavit filed on behalf of the petitioners.

In the facts and circumstance of the case, let the petitioners, above named, except petitioner No. 1 namely Parsuram Pandey, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Guthani P.S. Case No. 168 of 2021, subject to the conditions as laid down under Section

4/4 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T