Manoj Pandey @ Manoj Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68804 of 2024 Arising Out of PS. Case No.-150 Year-2024 Thana- DINARA District- Rohtas ====================================================== 1.

Manoj Pandey @ Manoj Kumar Pandey Son of Late Kapil Muni Pandey Resident of Village- Paranpur, P.S- Dinara, District- Rohtas at Sasaram 2.

Nitish Kumar @ Deepak Kumar Patel Son of Manoj Pandey @ Manoj Kumar Resident of Village- Paranpur, P.S- Dinara, District- Rohtas at Sasaram 3.

Manish Pandey @ Manish Kumar Patel Son of Manoj Pandey @ Manoj Kumar Pandey Resident of Village- Paranpur, P.S- Dinara, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP Mr. Rajesh Kumar Choubey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-10-2024 Learned counsel for the petitioners seeks permission to withdraw the bail application with respect to petitioner no. 2, namely, Nitish Kumar @ Deepak Kumar Patel.

2. Permission is accorded.

3. Accordingly, the bail application with respect to petitioner no. 2 is dismissed as withdrawn.

4. Heard learned counsel for the petitioners no. 1 and 3, learned A.P.P. for the State and learned counsel for the informant.

5. The petitioners apprehend their arrest in connection

Patna High Court CR. MISC. No.68804 of 2024(2) dt.23-10-2024 2/3 with Dinara P.S. Case No. 150 of 2024 registered under Sections 341, 323, 307, 379, 436, 504, 506 and 34 of the Indian Penal Code.

6. As per prosecution case, allegation against petitioner no. 1 is that he assaulted informant by means of butt of gun and petitioner no. 2 is alleged to have taken away Rs. 1,50,000/- from the pocket of informant.

7. Learned counsel appearing on behalf of the petitioners submits that petitioner no. 1 is full brother of informant and petitioner no. 3 is nephew of informant. Due to dispute over partition of ancestral property, a maarpit took place between them. Allegations are general and omnibus. No specific over act is alleged against the petitioners. Injuries allegedly caused by these petitioners are simple in nature. Petitioners have got clean antecedent.

8. Learned counsels for the State and informant opposed the bail application.

9. Having considered the aforesaid facts and circumstances of the case as well as the nature of injuries, let petitioner no. 1, namely, Manoj Pandey @ Manoj Kumar Pandey and petitioner no. 3, namely, Manish Pandey @ Manish Kumar Patel, be released on bail, in the event of

Patna High Court CR. MISC. No.68804 of 2024(2) dt.23-10-2024 3/3 arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Rohtas at Sasaram in connection with Dinara P.S. Case No. 150 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T