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Patna High CourtCR. MISC./71070/2022allowed

Pramod Pandey v. The State Of Bihar

2023-02-28Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71070 of 2022 Arising Out of PS. Case No.-125 Year-2021 Thana- SONEPUR District- Saran ====================================================== Pramod Pandey S/O Ram Lakhan Pandey Resident Of Village- Dudhaila Gachhi, P.S.- Sonepur, District- Saran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 149, 323, 325, 307, 452, 379, 504, 506, 354(B), 427, 120(B) of the Indian Penal Code.

The prosecution case in nutshell is that petitioner along with other co-accused persons, variously armed, came at the house of informant and started abusing and ransacking. When the informant raise protest, all the accused persons assaulted the informant by means of lathi

Patna High Court CR. MISC. No.71070 of 2022(2) dt.28-02-2023 2/3 and rod.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Both the parties are agnates and they have litigating terms. There is case and counter case between the parties and in the background of land dispute, the present case has been filed with false and concocted allegations. The specific allegation of assaulting is against co-accused Jagtaran and nothing has been specifically alleged against the petitioner. Moreover, the petitioner is languishing in judicial custody since 28.09.2022. Similarly situated co-accused person has been granted Bail vide order dated 16.11.2022, passed in Cr. Misc. No. 31063 of 2022 by this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.71070 of 2022(2) dt.28-02-2023 3/3 petitioner is directed to be enlarged on bail in connection with Sonepur P.S. Case No. 125 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran, Chhapra.

(Sunil Kumar Panwar, J) nirajkrs/- U T