Rajendra Pandey @ Shailendra Pandey @ Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79918 of 2024 Arising Out of PS. Case No.-630 Year-2024 Thana- BIHAR District- Nalanda ====================================================== 1.

Rajendra Pandey @ Shailendra Pandey @ Shailendra Kumar Son of Late Umakant Pandey Resident of Mohalla Baignabad, P.O. and P.S.- Biharsharif, District- Nalanda(Bihar), presently residing at Mohalla-Imadpur P.S.- Bihar Sharif, District- Nalanda (Bihar).

2.

Gaurav Kumar @ Ashutosh Kumar Son of Jitendra Pandey @ Jitendra Kumar Resident of Village- Amaitra, Po- Chhatiyana, P.S.- Harnaut, District- Nalanda(Bihar) Presently Resident of Mohalla- Imadpur, P.S.- Bihar Sharif, District- Nalanda (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lalan Kumar, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-11-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Biharsharif P.S. Case No. 5134005240630 of 2024 instituted for the offences under Sections 126(2), 115(2), 118(1), 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution story, in short, is that the accused

Patna High Court CR. MISC. No.79918 of 2024(2) dt.13-11-2024 2/3 persons including the petitioners have assaulted the informant by means of lathi, kudal and rod due to which he sustained injuries.

4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submits that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. Learned counsel further submitted that the injury sustained by the informant is caused by hard and blunt substance and is simple in nature. Learned counsel further submitted that counter case has been filed petitioner no. 1 against the informant and his family members. It has been submitted on behalf of the petitioners that the petitioners are in custody since 14.08.2024 and have no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties

Patna High Court CR. MISC. No.79918 of 2024(2) dt.13-11-2024 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Biharsharif P.S. Case No. 5134005240630 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T