Lal Babu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57053 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- AGRER District- Rohtas ====================================================== Lal Babu Pandey, S/o Buttan Pandey R/o Village- Shumbha, P.S.- Agrer, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwari For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Agrer P.S. Case No.32 of 2019 for the offence punishable under Sections 341, 323, 307, 379, 34 of the Indian Penal Code. The allegation against the petitioner is that petitioner along with other accused persons assaulted the informant and the petitioner assaulted him with iron rod.

Learned counsel for the petitioner submits that from perusal of the First Information Report, it would be evident that the occurrence has taken place on 15.03.2019 whereas the FIR has been lodged after delay of about three days on 18.03.2019. Learned counsel further submits that there is previous enmity between the parties inasmuch as both the petitioner and the informant are tempo drivers and there was dispute with regard to parking of the tempo

Patna High Court CR. MISC. No.57053 of 2019(2) dt.09-09-2019 2/2 between them. Learned counsel relied upon Annexure-2 and submits that injury caused to informant have been found to be simple in nature.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that the injury caused to the informant is simple in nature and there is delay in lodging the FIR, as such, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Rohtas at Sasaram, subject to the condition as mentioned under Section 438

(2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T