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2025 DAILYLAW 57919 (PAT)

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

CR. MISC./49752/2025 · 2025-08-11

Satyavrat Verma

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49752 of 2025 Arising Out of PS. Case No.-65 Year-2025 Thana- DUMARIAGHAT District- East Champaran ====================================================== Satish Pandey @ Satish Kumar Pandey S/O Vashishth Pandey R/O Vill- Rampur Kharjuriya, P.S.- Dumariyaghat, Dist.- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar Mr. Hemant Ray For the Opposite Party/s : Mr. Yogendra Kumar Singh Mr. Madhurendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 11-08-2025 1. Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the informant. 2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 191(2), 190, 352, 351(2), 126(2), 115(2), 118(1), 109(1), 117(2), 303(2), 74 of the B.N.S. 3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that 13.03.2025 at about 10.30 P.M., all the accused persons including the petitioner came at the door of the informant and started abusing and caught his son Abhishek Pandey. Further, on orders of Vashishth Pandey, accused Satyendra Pandey Patna High Court CR. MISC. No.49752 of 2025(2) dt.11-08-2025 2/3 assaulted Abhishek Pandey by farsa causing injury, thereafter Satish Pandey assaulted Rajiv Pandey by farsa on head causing injury. Further, Vijay Pandey, Tej Narayan Pandey, Raj Kumar Pandey, Chhotu Pandey assaulted Rupesh Pandey with farsa causing injury. Further, Rani Kumari, Puja Kumari, Anjali Kumari, Om Kumari Devi, Nirmala Devi and Manorma Devi caught the informant and assaulted with iron rod causing fracture of right hand. 4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant with an allegation that he assaulted Rajiv Pandey by farsa causing injury on head. It is further submitted that even presuming what has been alleged is true without admitting, then injury suffered by Rajiv Pandey is simple in nature. It is next submitted that co-accused Vashishth Pandey had moved this Court seeking anticipatory bail by filing Cr. Misc. No.49488 of 2025 and the same was allowed by an order dated 11.08.2025 after considering the facts of the case in detail. 5. Learned A.P.P. as well as the learned counsel appearing on behalf of the informant opposes the anticipatory bail application, but then, are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that Rajiv suffered simple injury. Patna High Court CR. MISC. No.49752 of 2025(2) dt.11-08-2025 3/3 6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Motihari, East Champaran in connection with Dumariyaghat P. S. Case No.65 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C. 7. The application stands allowed. vikash/- (Satyavrat Verma, J) U T