Patna High Court - Orders
Dina Nath Pandey & Anr vs The State Of Bihar on 4 May, 2018
Author: Vinod Kumar Sinha
Bench: Vinod Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17702 of 2018
Arising Out of PS.Case No. -282 Year- 2017 Thana -BIKRAMGANJ District- SASARAM
(ROHTAS)
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1. Dina Nath Pandey, Son of Rampyar Pandey.
2. Manoj Pandey, Son of Nanhku Pandey, Both are resident of Village-
Semra P.S. Bikramganj, District- Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Kamla Kant Pandey
For the Opposite Party/s : Mr. Sri Rajendra Nath Jha
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER
3 04-05-2018Heard the parties.
The petitioners are apprehending their arrest in connection with Bikramganj P.S.Case no.282 of 2017 registered for offences punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.
Allegation against the petitioner no.1 is of assault by rod to the informant and against petitioner no.2 of assault by rod to the mother of the informant on the head.
Submission of the learned counsel for the petitioner is that prior to that a case had been lodged by the petitioner no.1 against the informant and others and in order to save their skin from that case, the present case has been lodged.
Heard learned A.P.P. and the learned counsel for the informant. It is submitted that the injury on the person of the Patna High Court Cr.M isc. No.17702 of 2018 (3) dt.04-05-2018 2/2 mother of the informant is grievous in nature , however, the injury on the person for the informant has been found to be simple in nature..
Having heard both sides and in view of the facts and circumstances, so far petitioner no.1 (Dina Nath Pandey) is concerned, in the event of arrest or surrender before the court below within a period of six weeks, he may be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Bikramganj in connection with Bikramganj P.S.Case no.282 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
So far petitioner no.2 (Manoj Pandey) is concerned, he will surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.
With the aforesaid direction, this application is disposed of.
(Vinod Kumar Sinha, J) chn/-
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