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Patna High CourtCR. MISC./73732/2022allowed

Sanjay Pandey v. The State Of Bihar

2023-03-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73732 of 2022 Arising Out of PS. Case No.-58 Year-2022 Thana- JAMOBAZAR District- Siwan ====================================================== Sanjay Pandey Son Of Kapildeo Pandey R/V- Bhopatpur, P.S- Jamobazar, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Bardhan Pandey For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307, 504 and 34 of the Indian Penal Code. Petitioner along with other accused persons are said to have assaulted the brother of the informant by means of rod and told to kill him. All the accused persons smashed the head of the informant's brother by brick and rod.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific allegation against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that after investigation police has filed the final form against the

Patna High Court CR. MISC. No.73732 of 2022(2) dt.28-03-2023 2/2 petitioner but the learned court below has taken cognizance against him. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jamo Bazar P.S. Case No. 58 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T