Baliram Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77155 of 2019 Arising Out of PS. Case No.-207 Year-2019 Thana- DINARA District- Rohtas ====================================================== 1.

Baliram Pandey, 2.

Uma Shankar Pandey Both are sons of Late Ram Kripal Pandey, Resident of Village- Gaura, P.S.- Dinara, District- Rohtas at Sasaram.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-06-2020 Heard learned counsel for the petitioners and learned counsel for the State via video conferencing. By way of the present application, the petitioners have sought for pre-arrest bail in connection with Dinara P.S. Case No.207 of 2019 registered for the offences punishable under Sections 341, 323, 307, 504, 506 read with 34 of the Indian Penal Code and Section 27 of the Arms Act. It is submitted by the learned counsel for the petitioners that there is a case and counter case and both sides sustained simple injuries. As far as the petitioners are concerned, they are alleged to be simply members of an unlawful assembly. It is further contended that co-accused Pramod Pandey and Binod Pandey have been granted pre-arrest

Patna High Court CR. MISC. No.77155 of 2019(3) dt.23-06-2020 2/3 bail vide order dated 17.02.2020 passed in Cr. Misc. No.82121 of 2019, co-accused Ravi Kushwaha @ Ravi Shankar Singh has been granted pre-arrest bail vide order dated 21.01.2020 passed in Cr. Misc. No.72771 of 2019 and co-accused Ashok Pandey has been granted pre-arrest bail vide order dated 20.02.2020 passed in Cr. Misc. No.85821 of 2019 by different benches of this Court. The case of the petitioners stand on the identical footing or on better footing to the persons who have already been granted pre-arrest bail by this Court.

Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioners. However, he admits that the case of the petitioners stand on similar footing to that of the other co-accused persons who have already been granted pre-arrest bail by different benches of this Court.

Considering the submissions made above, the petitioners are directed to be released on bail in the event of their arrest or surrender in the court below on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Bikramganj, Rohtas at Sasaram in connection with Dinara P.S. Case No.207 of 2019 subject to the conditions as laid down

Patna High Court CR. MISC. No.77155 of 2019(3) dt.23-06-2020 3/3 under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Sanjeet/- U T