Bimalesh Pandey And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13621 of 2018 Arising Out of PS.Case No. -145 Year- 2017 Thana -DAWATH District- SASARAM (ROHTAS) ======================================================

1. Bimalesh Pandey,

2. Banarsi Pandey,

3. Janardan Pandey, All sons of Late Mahangu Pandey

4. Mangalesh Pandey @ Mangalesh Dutt Pandey, S/o Late Gani Pandey,

5. Mangaru Pandey, S/o Late Lalan Pandey,

6. Ramashankar Pandey, S/o Late Baij Nath Pandey,

7. Sita Ram Bhar, S/o Late Gani Bhar, All are R/o Village- Deorhi, P.S.- Dawath, District- Rohtas.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dineshwar Mishra For the Opposite Party/s : Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Dawath P.S.Case No. 145 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 325 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioners is of firing and assaulting the informant and others.

Submission of learned counsel for the petitioners is that there is case and counter case between the parties and all the injuries are found to be simple, except one which caused by fire arm on the hand of brother of informant. However, prosecution

Patna High Court Cr.Misc. No.13621 of 2018 (2) dt.09-04-2018 2/2 case shows that one Dhurhu Pandey was armed with gun and there is general and omnibus allegation against the petitioners. Further submission is that petitioners' side also received injuries. Heard learned APP and learned counsel for informant. They have opposed the prayer for anticipatory bail of the petitioners.

Having heard both sides and in the facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Bikramganj, in connection with Dawath P.S.Case No. 145 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U