Guddu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43345 of 2014 Arising Out of PS.Case No. -94 Year- 2014 Thana -DHANSOI District- BUXAR ======================================================

1. Jaswant Singh Son of Abhimanu Singh

2. Munna Singh Son of Late Kesho Singh

3. Pankaj Singh Son of Birendra Rai All Resident of Village-Dhansoi, P.S.-Dhansoi, District-Buxar. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.42758 of 2014 Arising Out of PS.Case No. -94 Year- 2014 Thana -DHANSOI District- BUXAR ====================================================== Guddu Pandey Son of Keshnath Pandye Resident of Village - Murarpur, P.S.- Itarhi, District - Buxar .... .... Petitioner

Versus

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

(In Cr.Misc. No.43345 of 2014) For the Petitioner/s : Mr. Satyapal Singh, Adv. For the Opposite Party/s : MD. Mushtaque Alam, APP (In Cr.Misc. No.42758 of 2014) For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Binod Kumar No.3(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 27-03-2015 Both these applications arise out of Dhansoi P. S. Case No. 94 of 2014 registered for the offence punishable under Sections 147, 149, 341, 323, 325, 307,379, 435, 109 IPC, as such, they have been heard together and are being disposed of by this common order.

Patna High Court Cr.Misc. No.43345 of 2014 (2) dt.27-03-2015 2/3 Heard both sides.

The petitioners apprehend arrest in the aforesaid case. Allegation is that a child was crushed by a bus and thereafter 100-150 unknown persons armed with lathi started damaging the bus and assaulting the driver. Out of them, 42 persons have been named in the FIR. The petitioners are also named accused.

It is submitted that the petitioners are local inhabitants and they had gone to see the occurrence. They have not committed any overtact. However, the injury is simple in nature. Petitioner Jaswant Singh has criminal antecedents and other petitioners have no criminal antecedents. Considering the facts and circumstances, in case of arrest or surrender within a period of six weeks the above named petitioners will be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in Dhansoi P. S. Case No. 94 of 2014, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and the following conditions:-

1. The petitioners will not indulge themselves in similar or any other offence.

Patna High Court Cr.Misc. No.43345 of 2014 (2) dt.27-03-2015 3/3

2. One of the bailors must be the close relative of the petitioners.

3. The petitioners will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, their bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T