Manoj Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3272 of 2020 Arising Out of PS. Case No.-150 Year-2019 Thana- GOH District- Aurangabad ====================================================== 1.

MANOJ PANDEY 2.

Sanjay Pandey 3.

Pankaj Pandey, All S/O Fulchand Pandey 4.

Bhola Sony @ Sudhir Prasad Gupta, S/O Late Kammt Sony 5.

Bhola Choudhary, S/O Shadhu Choudhary 6.

Vishal Bari, S/O Ajay Prasad Bari 7.

Ajit Choudhary, S/O Lagni Chodhary 8.

Maruti Kumar, S/O Subhash Choudhary, All Resident of Village and P.O. - Deohna, P.S. - Goh, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Amitesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-06-2020 The matter has been taken up through virtual Court proceeding.

Petitioner No. 4 Bhola Sony @ Sudhir Prasad Gupta wants to withdraw his prayer for grant of anticipatory bail. Hence, his prayer for anticipatory bail stands dismissed as withdrawn.

Heard learned counsel for the petitioner nos. 1, 2, 3, 5, 6, 7 and 8 and learned Additional Public Prosecutor for the State.

The petitioner nos. 1, 2, 3, 5, 6, 7 and 8 are

Patna High Court CR. MISC. No.3272 of 2020(4) dt.26-06-2020 2/3 apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504/34 of the Indian Penal Code and Section 27 of the Arms Act. For land dispute, an occurrence of assault took place and case and counter case was lodged.

Submission is that none of the injureds of the prosecution's side sustained any injury at any vital part of the body. In fact, the land belongs to the petitioners. Considering the background of dispute and nature of material to support the allegation, let the petitioner no. 1 Manoj Pandey, petitioner no. 2 Sanjay Pandey, petitioner no. 3 Pankaj Pandey, petitioner no. 5 Bhola Choudhary, petitioner no. 6 Vishal Bari, petitioner no. 7 Ajit Choudhary and petitioner no. 8 Maruti Kumar, above named, in the event of their arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Goh Police Station Case No. 150 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to

Patna High Court CR. MISC. No.3272 of 2020(4) dt.26-06-2020 3/3 the following conditions:- (a) The petitioner nos. 1, 2, 3, 5, 6, 7 and 8 shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner nos. 1, 2, 3, 5, 6, 7 and 8. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner nos. 1, 2, 3, 5, 6, 7 and 8 shall not leave the country without permission of the learned trial court. (Birendra Kumar, J) Kundan/- U T