Raju Pandey @ Rajesh Pandey And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57106 of 2018 Arising Out of PS.Case No. -137 Year- 2018 Thana -GOVINDGANJ District- EASTCHAMPARAN (MOTIHARI) ======================================================
1. Raju Pandey @ Rajesh Pandey, Son of Yogendra Pandey,
2. Amresh Pandey, Son of Yogendra Pandey,
3. Nitesh Pandey, Son of Radha Pandey,
4. Satyendra Pandey, Son of Radha Pandey,
5. Vinay Pandey, Son of Late Kailash Pandey, All resident of Village - Lauriya, P.O. - Lauriya, P.S. - Govindganj, District - East Champaran (Bihar).
6. Vikki Singh, Son of Subash Rai, Resident of Village & P.O.- Telhua, P.S. - Nautan, District - West Champaran (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raju Giri For the Opposite Party/s : Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 427 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioners does not want to press the prayer for anticipatory bail of petitioner no. 2 Amresh Pandey for the reason that the police has submitted final form
Patna High Court Cr.Misc. No.57106 of 2018 (3) dt.29-10-2018 2/3 against him. Hence, his prayer for withdrawal is allowed. There is case and counter case. Both sides are agnates. During occurrence of assault specific allegation is against petitioner no. 1 Raju Pandey @ Rajesh Pandey to have caused injury at the head of the informant with farsa. The Doctor has found injury on the head of the aforesaid injureds. Since the petitioner no. 1 Raju Pandey @ Rajesh Pandey had knowledge that his act might cause death, I am not inclined to enlarge him on anticipatory bail. Hence, his prayer for anticipatory bail is refused.
Learned counsel for the informant opposed the prayer for anticipatory bail.
There is general and omnibus allegation against other petitioners of commission of injury on non-vital part of the body. Hence, the petitioner no. 3 Nitesh Pandey, petitioner no. 4 Satyendra Pandey, petitioner no. 5 Vinay pandey and petitioner no. 6 Vikki Singh, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in
Patna High Court Cr.Misc. No.57106 of 2018 (3) dt.29-10-2018 3/3 connection with Govindganj Police Station Case No. 137 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner no. 3 to 6 shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner no. 3 to 6.
(Birendra Kumar, J) Kundan/Rajan U T