Sandeep Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68993 of 2018 Arising Out of PS. Case No.-218 Year-2018 Thana- CHANPATIA District- West Champaran ========================================== Sandeep Pandey Son of Rama Kant Pandey Resident of VillageParsauna,Police Station-Sirisiya,O.P.

Chanpatiya,Distt.-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Sri Upendra Kumar ========================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-12-2018 The petitioner seeks bail in anticipation of his arrest in connection with Chanpatiya P.S. Case No. 218 of 2018 dated 01.06.2018 instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. A dispute arose with respect to erecting a boundary wall when under the orders of one Damodar Tiwary, the informant was assaulted by some of the relatives of aforesaid Damodar Tiwary. The name of most of the accused persons have been taken in the F.I.R.

Patna High Court Cr.Misc. No.68993 of 2018(2) dt.18-12-2018 2/3 The learned counsel for the petitioner has submitted that petitioner has not been named in the F.I.R and his name has transpired only during the course of investigation. Some of the witnesses have stated that the petitioner, who also stands in some relation to aforesaid Damodar Tiwary, was present at the time of occurrence. It has further been submitted that no overt act has been attributed against the petitioner. One of the accused persons, who is stated to have taken part of the assault, has been granted anticipatory bail by a Bench of this Court.

Regard being had to the aforesaid facts as also taking into account that petitioner does not have any criminal antecedents, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, V, Bettiah, West Champaran in connection with Chanpatiya P.S. Case No.

Patna High Court Cr.Misc. No.68993 of 2018(2) dt.18-12-2018 3/3 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T