Nagendra Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1525 of 2025 Arising Out of PS. Case No.-36 Year-2023 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Nagendra Pandey, Son of Late Shri Pandey, Resident of Village - Chamanpura, P.S. - Baikunthpur, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Ranjan, Adv.

For the Opposite Party/s :

Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-01-2025 Heard Mr. Sanjeev Ranjan, learned counsel for the Petitioner and Mrs. Gulnar Begum, learned APP for the State.

2. Petitioner seeks regular bail in connection with Baikunthpur P.S. Case No. 36 of 2023 dated 29.01.2023 registered for the offences punishable under Sections 341 323, 324, 307, 354, 379, 504, 506 and 34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner is sixty two years old and as per the allegation made in the FIR, the informant's son namely, Hari Om Kumar Singh was assaulted on his head by this petitioner using a battle axe (Farsa) which is specific allegation against him but on the head of the informant's son, only one injury being contusion lacerated wound in the size of 1 x 31⁄2 x 1 inch was found which is not corroborative to the

Patna High Court CR. MISC. No.1525 of 2025(2) dt.17-01-2025 2/3 nature of the alleged weapon and further the said injury has been opined to be simple in nature though, two other injuries being in the nature of pain were found by the medical expert but the same were not attributed to the petitioner rather the coaccused persons were alleged to have caused those injuries. It is further submitted that the petitioner has been languishing in jail since 29.09.2024 and in between both the parties there is a land dispute and against him, the investigation has been completed. It is further submitted that though against the petitioner, there are criminal antecedents of several cases but he has got bail in most of the said antecedent cases.

4. Learned APP for the State has opposed the prayer for bail of the petitioner.

5. Considering the above submissions advanced by petitioner's counsel and mainly taking into account the nature of the injury which is specifically attributed to this petitioner found on the head of the informant's son and also the fact that against this petitioner, investigation has been completed, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.1525 of 2025(2) dt.17-01-2025 3/3 concerned Court in connection with Baikunthpur P.S. Case No. 36 of 2023.

(Shailendra Singh, J) maynaz/- U T