Surendra Pandey And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56523 of 2015 Arising Out of PS.Case No. -829 Year- 2014 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ======================================================

1. Surendra Pandey Son of Late Ganga Dayal Pandey

2. Mantu Pandey@Rakesh Kumar Pandey Son of Sri Surendra Pandey Both Resident of Village mainaini, Police Station Piro, in the district of Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Gopal Prasad Son of late Hira Lal Sah Resident of Ahirpurwa, Police Station Ara Town, in the District of Bhojpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party/s : Mr. Parmanand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-12-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 392 of the Indian Penal Code.

The prosecution case is that petitioner no. 1 Surendra Pandey assaulted the informant with the butt of the pistol, when petitioner no. 2 Mantu Pandey @ Rakesh Kumar Pandey robbed Rs. 45,000/- from the pocket of the informant and snatched gold chain worth Rs. 40,000/- and Titan Watch from the nephew of the informant Ashok Kumar.

Patna High Court Cr.Misc. No.56523 of 2015 (2) dt.14-12-2015 It is submitted by the learned counsel for the petitioners that on conclusion of investigation Final Form was submitted and order of cognizance has been passed. The police recommended for process of the informant under Section 182 and 311 in the background of pending Title Suit No. 628 of 2010. The accusation has been levelled in the background of land dispute. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Smt. Divya jaiswal, J.M. Ist Class, Bhojpur, Ara in connection with Complaint Case No. 829C of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T