Raja Pandey @ Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61077 of 2025 Arising Out of PS. Case No.-350 Year-2025 Thana- BARH District- Patna ====================================================== Raja Pandey @ Raja Kumar S/o Ganesh Shankar Pandey R/o Village - Pura, P.S.--Barh, District- - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Kumar, Adv.
For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-09-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 329(3), 329(4), 332, 126(2), 115(2), 303(2), 109, 3(5) of the B.N.S.S. & Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that accused persons including the petitioner came variously armed and entered his house, on which, the informant raised an alarm, thereafter her Devar (brother-in-law) Santosh and neighbour Viru came, when Sonu fired causing firearm injury to Santosh on leg, while Viru received injury on his abdomen, on hearing gunshot, villagers gathered when accused
2/4 fled snatching chain and mangalsutra of the informant and her sister-in-law.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of firing is against Sonu causing injury to the injured. It is next submitted that petitioner is a student of Dr. A.P.J. Abdul Kalam Private Industrial Training Institute. It is further submitted that a supplementary affidavit has been filed bringing on record a certificate issued by the principal of the aforesaid Institute certifying that principal is a bonafide student of the aforesaid institution.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that if privilege of anticipatory bail is granted to the petitioner, the petitioner may abscond, on which, the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
6. The Court generally does not grant privilege of anticipatory bail in such cases where allegation of firing causing injury is alleged but then in the instant case, petitioner is a
3/4 student and he is not alleged to have fired and in the event if his anticipatory bail is rejected, in that event, his entire career would get jeopardized and chances are bright that he may come in contact with hardened criminals.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Barh P.S. Case No.350/2025, subject to the conditions as laid down under Section 482(2) B.N.S.S.
8. One of the bailors of the petitioner shall be his father, namely, Ganesh Shankar Pandey.
9. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this court is not co-operating in the investigation in that event the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.
4/4
10. The supplementary affidavit filed on behalf of the petitioner is taken on record.
(Satyavrat Verma, J) amit/- U T