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Patna High CourtCR. MISC./812/2023allowed

Anil Pandey @ Anil Kumar Mishra v. The State Of Bihar

2023-03-27Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.812 of 2023 Arising Out of PS. Case No.-277 Year-2022 Thana- GURUA District- Gaya ====================================================== 1.

Anil Pandey @ Anil Kumar Mishra Son Of Manohar Pandey Resident Of Village- Gurua Bus Stand, P.S.- Gurua, District- Gaya 2.

Gaurav Pandey @ Gaurav Kr. Mishra @ Gaurav Mishra Son Of Anil Pandey @ Anil Kumar Mishra Resident Of Village- Gurua Bus Stand, P.S.- Gurua, District- Gaya 3.

Tinku Bhuiyan Son Of Sahdeo Bhuiyan R/V- Habibpur, Resident Of VillageGurua, P.S.- Gurua, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Saxena For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Gurua P.S. Case No. 277 of 2022 registered under sections 147, 148, 149, 341, 323, 325, 307 and 354 (B) of the Indian Penal Code.

Allegation against the petitioners along with other co-accused persons is that they assaulted the informant and his wife due to which they sustained injuries. Further they snatched mobile phone from them and also damaged

Patna High Court CR. MISC. No.812 of 2023(2) dt.27-03-2023 2/3 motorcycle of the informant.

Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case due to land dispute. It is further submitted that the specific allegation of assault upon the informant and his wife is against other co-accused persons, namely, Deepak Pandey and Mantu Pandey not against these petitioners. A general and omnibus allegation has been levelled against the petitioners. Nothing has been recovered from their conscious possession and also no any cogent material came against them. They are languishing in judicial custody since 09.08.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Gurua P.S. Case No. 277 of 2022 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st

Patna High Court CR. MISC. No.812 of 2023(2) dt.27-03-2023 3/3 Class, Sherghati Gaya.

(Sunil Kumar Panwar, J) shubham/- U T