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

Patna High Court Cr.Misc. No.57750 of 2017 (2) dt.18-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57750 of 2017 Arising Out of PS.Case No. -146 Year- 2017 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mukesh Pandey @ Mukesh Kumar Pandey, S/o Janardhan Pandey @ Janardan Pandey, R/o Village- Bediban Madhuban, P.S.- Pipra, DistrictEast Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Pipra P.S. Case No. 146 of 2017, registered under Sections 341, 447, 323, 325, 307, 379, 504 and 506/34 of the Indian Penal Code. The accusation is that on 22.06.2017, informant had gone to Sitakund Dham for worship. When he came out the temple then his villages Janardhan Pandey, Rakesh Pandey, Dharmesh Pandey and Mukesh Pandey (petitioner), who were also present there for worship of their Bolero vehicle, started to cause injury through fist and slaps saying that he killed their father and cultivating their land and also threatened him of dire consequences. Thereafter, on telephonic massage, his elder

Patna High Court Cr.Misc. No.57750 of 2017 (2) dt.18-12-2017 brother, Arun Pandey, came there and took him on motorcycle. In the way, when he reached near the house of accused persons named in the F.I.R. then they pushed him. In the meantime, Janardan Pandey gave axe blow at the head of the informant and his brother was also assaulted by them. At that time, they snatched Rs.2500/- from his pocket.

Learned counsel for the petitioner submits that while the petitioner is named in the F.I.R. but no specific overt act has been attributed against him, while the specific allegation is against Janardan Pandey to give axe blow at the head of the informant. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Pipra P.S. Case No. 146 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T