Brajesh Pandey @ Brajesh Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68517 of 2021 Arising Out of PS. Case No.-39 Year-2020 Thana- AGRER District- Rohtas ====================================================== BRAJESH PANDEY @ BRAJESH KUMAR PANDEY Son of Late Ram Shrinagar Pandey Resident of Village - Pouthu , P.S. - Jamhor, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate Mr.Raju Prasad, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, A.P.P.

For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2022 Heard learned Senior Counsel Sri Krishna Prasad Singh for the petitioner and learned A.P.P. for the State. No one appears for the informant.

The petitioner seeks bail in connection with Agrer P.S. Case No. 39 of 2020 registered under Sections 147, 148, 149, 307, 323, 341, 354, 504 and 506 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned Senior Counsel for the petitioner submits that petitioner is in custody since 24.08.2021, charge-sheet has been submitted in the case and has antecedent of two cases and the informant alleges that while the informant alongwith her son was supervising sowing of crop in the field, approximately 17

Patna High Court CR. MISC. No.68517 of 2021(2) dt.10-05-2022 2/3 accused persons having armed with deadly weapon assembled near the cultivating crop and started abusing the informant, on protest one of the accused grapped the hair of the informant and asked the informant to stop sowing of the seed and also threatened and fired.

Learned Senior Counsel submits that the petitioner has been falsely implicated in the present case, he is a clerk working in the office of B.D.O., Karahgar and as per allegation in the F.I.R. it is alleged that petitioner initially fired upon the son of the informant and later on co-accused Ayodhya Singh also fired but from perusal of the injury report, it appears that there is only one injury caused to the victim, as such the injury report does not collaborate the allegation alleged in the F.I.R. It is also submitted that Ayodhya Singh has been granted bail by order dated 21.09.2021 in Criminal Misc. No. 1182 of 2021. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 24.08.2021, charge-sheet has been submitted in the case and taking into consideration the submission made by the learned Senior Counsel for the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond

Patna High Court CR. MISC. No.68517 of 2021(2) dt.10-05-2022 3/3 of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Agrer P.S. Case No. 39 of 2020, with the condition that one of the bailors shall be the cousin brother of the petitioner namely, Satesh Kumar Pandey.

(Satyavrat Verma, J) ved/- U T