Hari Shankar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60275 of 2024 Arising Out of PS. Case No.-166 Year-2024 Thana- MAIRWAN District- Siwan ====================================================== 1.
Hari Shankar Pandey son of Late Dayanand Pandey Village- Sewtapur, P.S.- Mairwa, District- Siwan 2.
Vashisth Pandey Sewtapur, P.S.- Mairwa, District- Siwan 3.
Manu Pandey Son of Hari Shankar Pandey Village- Sewtapur, P.S.- Mairwa, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghav Prasad For the Opposite Party/s :
Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State along with learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 341, 323, 302 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that the informant alleges that his father was a priest in Hariram Brahmasthan temple. It is next alleged that the accused persons including the petitioners came and Vashisth and Manu jumped over his chest and even pressed his chest by their knees and even assaulted, on account of which, he died.
Patna High Court CR. MISC. No.60275 of 2024(2) dt.26-09-2024 2/3
4. The learned counsel submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that petitioners are agnates of the informant but then this fact has been concealed in the F.I.R. rather an impression has been given that someone unrelated came and assaulted the father of the informant causing his death. It is next submitted that though informant alleges that the accused persons assaulted his father and even jumped on his chest but then from perusal of the postmortem report, it would manifest that the same records that no external injury was found. The learned counsel thus submits that this amply demonstrates that on account of dispute relating to property, the instant false case has been instituted concealing the relationship in order to coerce the petitioners into submission, so that, they part with the property without any contest.
5. Learned A.P.P. along with learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.60275 of 2024(2) dt.26-09-2024 3/3 anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is pending/successor court in connection with Mirwa P.S. Case No.166/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T