Vijay Shankar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62108 of 2025 Arising Out of PS. Case No.-350 Year-2025 Thana- BARH District- Patna ====================================================== 1.
Vijay Shankar Pandey Son of Sita Ram Pandey R/o Mohalla - Pura, P.O. - Fulepur, P.S. - Barh, Dist. - Patna.
2.
Manish Kumar Pandey Son of Vijay Shankar Pandey R/o Mohalla - Pura, P.O. - Fulepur, P.S. - Barh, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramji Kumar, Advocate Mr. Pratik Kumar, Advocate For the Opposite Party/s :
Mrs.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. In the present case, the petitioners seek bail in connection with Barh P.S. Case No. 350 of 2025 registered for the offences under Sections 329(3), 329(4), 332, 126(2), 115(2), 303(2), 109 and 3(5) of the BNS and Section 27 of the Arms Act.
3. As per prosecution case, petitioners and other coaccused persons entered into the house of the informant and they were variously armed. They started hurling abuses to the family members and scattered the goods kept in the house. When the brother-in-law of the informant and others reached there, coaccused Sonu Kumar Pandey opened fire causing injury to Santosh Pandey and Veeru Pandey. Thereafter, the assailants fled away
Patna High Court CR. MISC. No.62108 of 2025(2) dt.10-09-2025 2/3 taking the chain and mangalsutra from the informant and her sister-in-law.
4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Present case is counter blast of Barh P.S. Case No. 352 of 2025 lodged by petitioner no.1 as the husband of informant and others assaulted the petitioners. Learned counsel further submits that reason for occurrence is stated to be previous dispute between the parties. Petitioners were injured in an assault by husband of informant of Barh P.S. Case No. 350 of 2025 and has been arrested while he had been undergoing treatment at government sub-divisional hospital. Learned counsel further submits that from the FIR, it is clear that there is no serious allegation against the petitioners and only general and omnibus allegations have been made against them. Petitioners are in custody since 15.06.2025 and charge-sheet has been submitted. Petitioner no. 1 is having criminal antecedent of two cases whereas petitioner no.2 is having clean antecedent.
5. Learned A.P.P. opposes the submission made on behalf of the petitioners. Learned APP submits that in the assault by the petitioners and others, two persons sustained gun shot injury.
6. Having regard to the facts and circumstances and
Patna High Court CR. MISC. No.62108 of 2025(2) dt.10-09-2025 3/3 submissions made on behalf of the parties and considering the general and non-specific nature of allegation against the petitioners and also considering their period of custody and submission of charge-sheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh/concerned court in connection with Barh P.S. Case No. 350 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T