Jitendra Pandey @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74867 of 2024 Arising Out of PS. Case No.-630 Year-2024 Thana- BIHAR District- Nalanda ====================================================== 1.

Jitendra Pandey @ Jitendra Kumar S/O Late Umakant Pandey R/O Amaitra, Post- Chhatiyana, P.S- Harnaut, Distt.- Nalanda (Bihar). Presently residing at Mohalla- Imadpur, P.S- Bihar Sharif, Distt.- Nalanda (Bihar). 2.

Pashupati Kumar S/o Shailendra Pandey Residing at Mohalla- Imadpur, P.SBihar Sharif, Distt.- Nalanda (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pramod Kumar Pandey, APP For the Informant :

Mr. Mritunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-10-2024 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.

2. The petitioners seek bail in Biharsharif P.S. Case No. 5134005240630 of 2024, instituted for the offences punishable under Sections 126(2), 115(2), 118(1), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons assaulted the informant by means of lathi, kudal and rod due to which he sustained injuries.

Patna High Court CR. MISC. No.74867 of 2024(2) dt.22-10-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material have been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners also submits that no specific allegation has been attributed against the petitioners. The allegation levelled against the petitioners are general and omnibus in nature. The injury found on the body of the informant is simple in nature caused with hard and blunt object. It is further submitted that there is case and counter case between the parties. The petitioners are in custody since 14.08.2024 and have got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.74867 of 2024(2) dt.22-10-2024 3/3 below/concerned Court in connection with Biharsharif P.S. Case No. 5134005240630 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T