Ramdeo Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74535 of 2024 Arising Out of PS. Case No.-172 Year-2024 Thana- SAHPUR District- Bhojpur ====================================================== 1.
Ramdeo Pandey Son of Rajgrihi Pandey Resident of Village - Gopalpur, P.S. - Sahpur, District - Bhojpur 2.
Ganesh Pandey Son of Rajgrihi Pandey Resident of Village - Gopalpur, P.S. - Sahpur, District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar, Adv.
For the Opposite Party/s :
Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-01-2025 Heard Learned Counsel for the petitioners, Learned Counsel for the Informant and Learned APP for the State.
2. The petitioners are apprehending arrest in a case registered for the offences punishable in connection with Sahpur P. S. Case No.172 of 2024 under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against four named accused persons including the petitioners with allegation that they have assaulted the informant with iron rod due to which his head was fractured and blood started oozing and also caused injury on the little finger of left hand. The allegation of snatching golden chain is also there.
Patna High Court CR. MISC. No.74535 of 2024(3) dt.22-01-2025 2/3
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that from the content of F.I.R., it becomes crystal clear that the informant and petitioners' side are agnates and with a petty issue among the family, this dispute has arisen.
5. Learned Counsel further submits that for the same date and place of occurrence, there is case and counter case from both sides i.e.,. Sahpur P.S. Case no.173 of 2024 has been lodged from the petitioners' side and Sahpur P.S. Case no.172 of 2024 has been lodged from the informant's side (present case).
6. Learned Counsel also submits that petitioner No.1 has clean antecedent whereas petitioner No.2 has one antecedent in which he is on bail and neither petitioners nor informant are criminal rather due to family dispute, this occurrence has arisen.
7. Learned counsel for the informant vehemently opposes the prayer for bail and submits that on early occasion, the petitioners have moved before this Court for bail in which case diary has been called for. He submits that in the case diary, it has come that injury has been caused. From the injury, it transpires that the injury is such of nature that opinion has been reserved for further report.
8. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.74535 of 2024(3) dt.22-01-2025 3/3 bail.
9. In the present facts and circumstances, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of 6 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Ara in connection with Sahpur P. S. Case No.172 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
10. It is made clear that if such act has been repeated by the petitioners in future, then the other party shall be at liberty to go for cancellation of their bail bonds. (Dr. Anshuman, J.) Prakashmani/- U T