Anil Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60892 of 2024 Arising Out of PS. Case No.-205 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== Anil Pandey S/o Kailash Pandey Resident of Village - Mahanthwa, P.S. - Kateya, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-09-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Kateya P.S. Case no.205 of 2024 registered for the offence punishable under sections 307, 379, 341, 323, 324 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the petitioner along with others came variously armed in an intoxicated state. They started to abuse the informant entered her house and started to assault. The petitioner is said to have assaulted the son of the informant with a knife.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case for oblique reasons. The manner of occurrence is other than what has been

Patna High Court CR. MISC. No.60892 of 2024(2) dt.21-09-2024 2/2 narrated in the FIR. Even otherwise the injury has been found to be simple in nature and there is no reasonable explanation whatsoever for the delay of three days in lodging of the FIR. The petitioner has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the contents of the injury report wherein the injury has been found to be simple in nature together with the delay of three days in reporting the matter to the police and the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kateya P.S. Case no.205 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Partha Sarthy, J) Saurabh/- U T