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Patna High CourtCR. MISC./72422/2023allowed

Manoj Kumar Pandey v. The State Of Bihar

2023-11-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72422 of 2023 Arising Out of PS. Case No.-309 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Manoj Kumar Pandey son of Shaligram Pandey Village- Barki Sanadiya PsAra Muffasil Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP For the Informant :

Mr. Rajiv Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504 and 506 of the Indian Penal Code and under Section 27 of the Arms Act.

3. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner had been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties and title suit is going on between the parties. There is specific allegation against one of the co-accused Pintu Pandey of firing due to which Arti Pandey received two gun shot injury on her chest. Petitioner has two criminal antecedents as mentioned in para-3 of this application.

Patna High Court CR. MISC. No.72422 of 2023(2) dt.30-11-2023 2/2

4. Learned counsel for the informant submits that petitioner is involved in two pending cases.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, there is no overt act against the petitioner, let the above named petitioner, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Ara-Mufassil P.S. Case No. 309 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) annpurna/- U T