Suresh Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69274 of 2025 Arising Out of PS. Case No.-88 Year-2025 Thana- MEHSI District- East Champaran ====================================================== Suresh Pandey S/O Singhasan Pandey R/O Village- Kohbarwa, P.S- Palanwa, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar Barnwal, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 26-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in connection with Mehsi P.S. Case No. 88 of 2025 dated 03.05.2025 instituted for the offences punishable under Sections 119(1)/308(2)/318(4)/352/351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, the informant has alleged that the named accused Abhishek Mahto, Shatrughan Mahto and Amit Kumar forcibly constructed the boundary wall and locked the gate. It has been alleged that it might be because these accused persons were in connivance with some land mafia. It has further been alleged that earlier also the accused Suresh Pandey (the petitioner) was after this land and he has been troubling the informant.
Patna High Court CR. MISC. No.69274 of 2025(2) dt.26-09-2025 2/3
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated merely on an anticipation stating that the petitioner might have been involved in the present case. It has been alleged that the petitioner has been laying claim over the said land however in order to thwart such claim, the present application has been lodged by the informant making the petitioner accused in the present case.
5. Learned APP has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the facts aforesaid, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class in connection with East Champaran, Motihari, in Mehsi P.S. Case No. 88 of 2025 subject to the conditions as laid down under Section 482 of the BNSS and subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner;
Patna High Court CR. MISC. No.69274 of 2025(2) dt.26-09-2025 3/3 (ii) the petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court;
(iii) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will liable to be cancelled by the Court concerned; (iv) the Court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) krishna/- U T