Patna High CourtCR. MISC./48509/2018bail granted

Ashutosh Pandey @ Lallu Pandey v. The State Of Bihar

2018-08-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48509 of 2018 Arising Out of PS.Case No. -204 Year- 2018 Thana -BIHIYA District- BHOJPUR ======================================================

1. Ashutosh Pandey @ Lallu Pandey S/o Sri Tej Narayan Pandey, R/o Vill.- Raja Bazar Bhihiya, P.S.- Bihiya in the District of Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Bihiya P.S. Case No.204 of 2018, G.R. No.2355 of 2018 registered for offences punishable under Sections 457/380 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner along with other unknown 100 persons is of assaulting a person, causing death.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and the petitioner has already lodged a case bearing Bihiya P.S. Case No. 205 of 2018 against one unknown person. It is further submitted that there is no material to show the participation of the petitioner

Patna High Court Cr.Misc. No.48509 of 2018 (2) dt.24-08-2018 2/2 for assaulting the deceased and a large number of accused persons have been assaulted to the deceased and there is no specific allegation of assault against the petitioner. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Ara, Bhojpur in connection with Bihiya P.S. Case No.204 of 2018, G.R. No.2355 of 2018, subject to the conditions as laid down under Section 438

(2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/Ranjeet U T