Ranjeet Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62472 of 2022 Arising Out of PS. Case No.-171 Year-2020 Thana- SATHI District- West Champaran ====================================================== 1.

Ranjeet Pandey Son Of Jainath Pandey R/V- Musahari, Pandey Tola, P.S.- Sathi, District- West Champaran 2.

Shashi Pandey Son Of Premnath Pandey R/V- Musahari, Pandey Tola, P.S.- Sathi, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 504 and 379 of the Indian Penal Code.

The allegation against all the petitioners is that they along with 10-12 unknown persons attacked upon the informant. Petitioner no.1 gave a blow by iron rod over the head of the informant's daughter. Petitioner no.2 gave a lathi blow over face of one Bharat Pandey due to which his two teeth was broken. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.62472 of 2022(2) dt.23-02-2023 2/3 petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that petitioner no.1 has assaulted daughter of the informant and the injury was found simple in nature. He further submits that petitioner no. 2 assaulted one Bharat Pandey and the injury found on the person is grievous in nature. Petitioners have got no criminal antecedent as mentioned in para-3 of this application. Learned counsel for the State opposes the prayer for bail.

Considering the facts and circumstances of case as well as the fact that the injury found on the daughter the informant was simple in nature, let the above named petitioner no.1 be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sathi P.S. Case No. 171 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

As specific overt act has been attributed against

Patna High Court CR. MISC. No.62472 of 2022(2) dt.23-02-2023 3/3 petitioner no. 2 and also the fact that the injury found on one Bharat Pandey was grievous in nature, I am not inclined to enlarge him on anticipatory bail. Accordingly, the prayer for anticipatory bail of petitioner no. 2 is hereby rejected. (Anjani Kumar Sharan, J) anand/- U T