Shashi Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63735 of 2023 Arising Out of PS. Case No.-356 Year-2023 Thana- BUXAR District- Buxar ====================================================== 1.

Shashi Pandey S/O Late Yamuna Pandey R/O Village- Vanshanti Nagar, P.S.-Buxar (town), District- Buxar 2.

Anurag Pandey @ Golu Pandey S/O Arun Pandey R/O Village- Vanshanti Nagar, P.S.-Buxar (town), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Tiwary Mr. Ashok Kumr Mr. Mukesh Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 326, 307, 504, 323 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the accused persons including the petitioners is of abusing, assaulting and opening fire, as a result of which informant received a gunshot injury to his back. It is submitted by learned counsel for the petitioners that the petitioners are innocent and have committed no offence. They have falsely been implicated in the present case. Both the

Patna High Court CR. MISC. No.63735 of 2023(2) dt.10-10-2023 2/2 parties are villagers and there is a land dispute between them. They have not made any firing. General and omnibus allegation has been levelled against the petitioners. There is case and counter case between both the parties. So far as injury of the informant is concerned is simple in nature. It is also submitted that petitioners are languishing in judicial custody since 04.07.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Buxar (Town) P.S. Case No. 356 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar.

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