Patna High CourtCR. MISC./42319/2015bail granted

Shashi Bhushan Pandey v. The State Of Bihar

2015-10-08Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42319 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -ST/SC (HARIJAN) District- BHABHUA (KAIMUR) ====================================================== Shashi Bhushan Pandey, Son of Late Raj Nath Pandey Resident of VillageJigina P.S. Mohania District- Kaimur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arabind Nath Pandey, Advocate For the Opposite Party/s : Mr. Ambika Bhagat, SPL. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 08-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with SC/ST (Bhabua) P.S. Case No. 21 of 2015 registered for the offences punishable under Sections 341, 323, 504, 506 of the Indian Penal Code and Section 3(1)(x) of the SC/ST (P.O.A.) Act.

It is contended that save and except the offence punishable under the SC and ST (P.O.A.) Act, all other offences are bailable in nature. As a matter of fact, the petitioner had instituted Mohania P.S. Case No. 120 of 2015 against the

Patna High Court Cr.Misc. No.42319 of 2015 (2) dt.08-10-2015 2 / 2 informant and, thereafter, the instant case was registered on 9.4.2015 in order to put pressure upon the petitioner. It is also submitted that two other co-accused, namely, Prakash Mishra and Punit Pandey, having identical allegation to that of the petitioner, have already been granted anticipatory bail by a Bench of this Court vide order dated 10.09.2015 passed in Cr. Misc. No. 36591 of 2015.

Taking into consideration the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks in the court below, the petitioner is directed to be released on bail 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 Judicial Magistrate, Bhabua in connection with Bhabua SC/ST P.S. Case No. 21 of 2015 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Sanjeet/- U T