Vinay Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72560 of 2023 Arising Out of PS. Case No.-241 Year-2010 Thana- MAJHAULIA District- West Champaran ====================================================== VINAY PANDEY S/o Bachan Pandey R/o vill - Bankat Musahari, P.s. - Majhauliya, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate Mr. Raushan Raj, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and Mr. Umeshanand Pandit, learned A.P.P. for the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 457, 307, 380, 504/34 of the Indian Penal Code.

3. As per the prosecution case, this petitioner along with other F.I.R. named accused persons and two unknown persons entered into the house of the informant and assaulted her by butt of the gun and took away cash and ornaments.

4. Learned counsel for the petitioner submits that coaccused Vrijaya Pandey having same and similar allegations has already been granted anticipatory bail from court below. He further submits that initially, a complaint case was lodged which

Patna High Court CR. MISC. No.72560 of 2023(3) dt.29-02-2024 2/2 was transferred under Section 156(3) Cr.P.C. and accordingly Majhauliya P. S. Case No. 241/2010 was lodged. Police after investigation submitted final form. In this case, complaint petition has been lodged after delay of 14 days and there is no plausible explanation for the same. Petitioner claims clean antecedent.

5. Considering the clean antecedent and the fact that similarly situated accused has already been granted bail, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhauliya P. S. Case No. 241 of 2010, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T