Patna High CourtCR. MISC./16256/2017rejected

Vijay Kumar Pandey @ Vijay Pandey And ANR v. The State Of Bihar

2017-04-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16256 of 2017 Arising Out of PS.Case No. -154 Year- 2016 Thana -PANCHRUKHI District- SIWAN ======================================================

1. Vijay Kumar Pandey @ Vijay Pandey

2. Ajay Kumar Pandey @ Ajay Pandey Both Sons of Sudarshan Pandey, Resident of Village-Papaur, P.S. Sarai O.P., District Siwan .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ajay Kumar Pandey, Advocate.

For the Opposite Party : Ms. Suman Kumari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-04-2017 Heard both sides.

The petitioners apprehend their arrest in Panchrukhi (Sarai) P.S. Case No. 154 of 2016 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code.

The informant alleged that Vijay Kumar Pandey @ Vijay Pandey picked up quarrel with his brother-in-law Sujit Tiwary who runs a shop, by the side of shop of Vijay Kumar Pandey @ Vijay Pandey. The informant went there and pacified the quarrel. It is further alleged that on account of this fact, Vijay Kumar Pandey @ Vijay Pandey and Ajay Kumar Pandey @ Ajay Pandey, both the petitioners came to the house of the informant with knife. Vijay Kumar Pandey @ Vijay Pandey assaulted the

Patna High Court Cr.Misc. No.16256 of 2017 (2) dt.28-04-2017 2/2 informant with Lathi on his shoulder and Ajay Kumar Pandey @ Ajay Pandey stabbed him on his back. When brother of the informant Ranjit Kumar Pandey came to save, the accused persons also assaulted him.

Learned counsel for the petitioner submits that the petitioners are co-sharer and next door neighbour of the informant. There is some business rivalry between the two sides but, it appears that the petitioner no. 1 Vijay Kumar Pandey @ Vijay Pandey assaulted the informant with Lathi and Ajay Kumar Pandey @ Ajay Pandey stabbed the informant with knife on his back. The injury found on the back of the informant is grievous in nature.

Considering the facts aforesaid and nature of allegations, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) KKSINHA/- U T