Nijay Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81085 of 2023 Arising Out of PS. Case No.-201 Year-2022 Thana- VIJAYEPUR District- Gopalganj ====================================================== 1.

NIJAY PANDEY S/O LALAN PANDEY VILLAGE- VIJAIPUR, PS. VIJAIPUR, DIST. GOPALGANJ 2.

AJAY PANDEY S/O LALAN PANDEY VILLAGE- VIJAIPUR, PS. VIJAIPUR, DIST. GOPALGANJ ... ... petitioner/s

Versus

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

For the petitioners/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioners, informant and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 323, 341, 325, 307, 447, 448, 504, 506/34 of the Indian Penal Code.

3. The allegation against the petitioners along with others is of assaulting the informant, due to which he sustained injury.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to old dispute. They have committed no offence. Both the petitioners are own brother and they have been made accused in

Patna High Court CR. MISC. No.81085 of 2023(2) dt.15-12-2023 2/2 the present case due to land dispute. There is no eye-witness of the alleged occurrence. There is a case and counter case between the parties. Members of both parties have sustained injury as alleged in a separate occurrence. They are languishing in judicial custody since 18.09.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateXIV, Gopalganj in connection with Vijaipur P.S. Case No. 201 of 2022.

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