Rajnish Pandey @ Amit pandey Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5993 of 2025

Arising Out of PS. Case No.-402 Year-2023 Thana- CHENARI District- Rohtas

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Rajnish Pandey @ Amit pandey S/O Late Suresh Pandey Resident of village - Malhar P.S. - Chenari, District Rohtas at sasaram

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ashok Pandey For the Opposite Party/s : Mr.Ajit Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 14-07-2025

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner has preferred this application for grant of regular bail in connection with Chenari P.S. Case No. 402 of 2023 dated 03.12.2023 registered for the offences punishable u/ss 341, 323, 325, 307, 354B, 379, 504 and 506 read with Section 34 of the Indian Penal Code and under Section 27 of the Arms Act. Later on Section 302 of the I.P.C. was added.

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As per the prosecution case, the petitioner and the co-accused persons are alleged to have come to the house of the informant and started assaulting the informant’s father. The coaccused, Alok Tiwari assaulted the informant’s father with iron

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Patna High Court CR. MISC. No.5993 of 2025(3) dt.14-07-2025 2/3

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rod due to which he sustained injury in his eye. The petitioner, Rajnish Pandey assaulted the informant’s father with garasha on his ear. The co-accused, Ankit Pandey assaulted the informant’s father with garasha due to which he sustained injury in his neck. It is further alleged that the accused persons stole away the ornaments and clothes from the house of the informant. Thereafter, the injured was taken to the hospital for treatment.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to earlier dispute with the informant. There is no specific allegation against the petitioner and all the allegations are general and omnibus in nature. The occurrence took place on 29.11.2023 but the F.I.R. was lodged on 05.12.2023 after a delay of 5 days without any explanation. It is further submitted that as per post-mortem report all the injuries were found antemortem injuries. The petitioner has two antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 05.02.2024.

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Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that there is direct allegation against the petitioner of assaulting with Gadasa. It is further submitted that as per the post-mortem

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Patna High Court CR. MISC. No.5993 of 2025(3) dt.14-07-2025 3/3

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report of the deceased, the injury was found on the right side of scalp with fracture of temporal bone. The bail application of the petitioner has already been rejected by this court vide order dated 26.09.2024 passed in Cr. Misc. No. 49944 of 2024.

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Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Chenari P.S. Case No. 402 of 2023, pending in the court of learned Additional Chief Judicial Magistrate-II, Rohtas at Sasaram.

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