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2025 DAILYLAW 32574 (PAT)

Rajesh Pandey @ Rajesh Kumar Pandey v. The State of Bihar

CR. MISC./26818/2024 · 2025-07-04

Satyavrat Verma

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26818 of 2024 Arising Out of PS. Case No.-483 Year-2023 Thana- SIWAN CITY District- Siwan ====================================================== Rajesh Pandey @ Rajesh Kumar Pandey son of Sri Hridyanand Pandey Resident of Village- Belwa Brit, Ps- Kuchaikot dist- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 5 04-07-2025 1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant, Mr. Ranjan Kumar Srivastava. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 467, 468, 471, 420, 120B and 34 of the Indian Penal Code. 3. The learned counsel appearing on behalf of the petitioner submits that petitioner was granted the privilege of anticipatory bail by this Court by an order dated 09.04.2024 in Criminal Miscellaneous No. 26818 of 2024. It is next submitted that the informant against the order dated 09.04.2024 in Criminal Miscellaneous No. 26818 of 2024 filed S.L.P. (Criminal) No. 7083 of 2024. It is further submitted that the Hon’ble Supreme Court, after hearing the parties, set aside the Patna High Court CR. MISC. No.26818 of 2024(5) dt.04-07-2025 2/3 order dated 09.04.2024 in Criminal Miscellaneous No. 26818 of 2024 and remanded the matter back to the High Court for hearing the case afresh, after hearing all the parties, as such, the instant criminal miscellaneous was listed on 04.04.2025. It is next submitted that when the case was listed on 04.04.2025, the learned counsel appearing on behalf of the informant had sought four weeks’ time for filing counter affidavit. 4. The learned APP for the State, Mr. Chandra Bhushan Prasad, was also directed to file a counter affidavit duly sworn by the Superintendent of Police, Siwan. The Superintendent of Police, Siwan was directed to give para-wise reply of the pleadings made in the anticipatory bail application. 5. The learned APP, Mr. Chandra Bhushan Prasad submits that a counter affidavit has been filed on behalf of the Superintendent of Police, Siwan. 6. It is submitted by the learned counsel appearing on behalf of the petitioner that he has received a copy of the counter affidavit filed by the Superintendent of Police, Siwan and the informant. 7. At this stage, the learned counsel appearing on behalf of the informant, Mr. Ranjan Kumar Srivastava submits that he has instructions not to oppose the anticipatory bail Patna High Court CR. MISC. No.26818 of 2024(5) dt.04-07-2025 3/3 application of the petitioner. 8. Considering the submissions made by the learned counsel appearing on behalf of the informant, the Court is not going into the merits of the case, as such, the petitioner above- named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Siwan (Town) P.S. Case No. 483 of 2023 subject to the conditions as laid down under Section 482 (2) of BNSS. 9. Accordingly, the instant anticipatory bail application stands allowed. 10. The petitioner is permitted to furnish fresh bail bonds. Rishabh/- (Satyavrat Verma, J) U T