Kanhaiya Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69201 of 2024 Arising Out of PS. Case No.-248 Year-2024 Thana- LAURIA District- West Champaran ====================================================== Kanhaiya Pandey S/o Late Akhilanand Pandey R/o Village- Jiriya, P.S.- Lauriya, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra, Adv For the Opposite Party/s :
Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-10-2024 Heard Learned Counsel for the petitioner and learned A.P.P. for the State.
2. The present Criminal Miscellaneous Application has been filed under Section 483 and 484 of The Bhartiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to as the "BNSS, 2023") praying for regular bail in connection with Lauriya P.S. Case No. 248 of 2024 lodged on 22.07.2024 under Section 127(1), 115(2), 118(1), 303(2), 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as BNS).
3. As per the prosecution case, F.I.R. has been lodged against two named accused persons including the present petitioner against whom there is an allegation that they have attacked the informant and his younger brother with knife on the backside of the neck due to which both were injured. Moreover petitioner has snatched golden chain worth Rs. 90,000/- and
Patna High Court CR. MISC. No.69201 of 2024(2) dt.03-10-2024 2/2 cash of Rs. 1200/-.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner and informants are agnates and for land dispute, scuffling took place. He further submits that injury which has been caused is simple in nature. He further submits that for the same date and place of occurrence, there are case and counter case. Petitioner has filed Lauriya P.S. Case No. 249 of 2024. Counsel further submits that the antecedent of the petitioner is clean and he is in custody since 23.07.2024.
5. Learned APP for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1)(d) of BNSS with to the satisfaction of A.C.J.M. 1st Bettiah, West Champaran in connection with Lauriay P.S. Case No. 248 of 2024 subject to the condition laid down under Section 480(3) of BNSS. (Dr. Anshuman, J) Sunnykr/- U