In The High Court of Judicature At Patna

(Criminal Miscellaneous Jurisdiction)

Criminal Misc no. Of 2021

Srikant Pandey & Others------------------------------Petitioners

Versus
The State of Bihar ------------------------------------------------Opp. Party

Sub: Anticipatory Bail

Index
Sl. No. Particulars Page No.

1. An application with affidavit 1 to……….

2.Annexure-1 A Certified/typed copy of the F.I.R

bearing Daudnagar, P.S case no.
19/2020
3. Annexure-2 A photocopy/typed copy of the F.I.R
bearing Daudnagar, P.S case no.
20/2020
4. Impugned Order

5. Vakalatnama

1.
 In the High Court of Judicature At Patna
(Criminal Miscellaneous Jurisdiction)
Criminal Misc no. Of 2020

In the matter of an application

under Section 438 of the code

of criminal procedure

And

In the matter of

1. Srikant Pandey aged about 55 years, Male, Son of Late Shivratan

Das.

2. Chandralok Kumar aged about 35 years, Male, son of Srikant

Pandey.

3. Kapil Sharma aged about 65 years old, Male, son of Late

Godawari Singh.

All are resident of village-Maner, P.S:- Daudnagar, Distt:-

Aurangabad

……………………………Petitioners

Versus

The State of Bihar ……………………………Opp. Party

2.
To

The Hon’ble Mr Justice Sanjay Karol, the Chief Justice of the

High Court of Judicature at Patna and his companion Justices of the said

Hon’ble court.

The humble petition on behalf

of the abovenamed petitioners.

MOST RESPECTFULLY SHEWETH: -

1. That this application is being filed for grant of anticipatory bail to

the petitioners above named who are apprehending their arrest in

connection with Daudnagar P.S Case no. 19/2020 instituted for

offences under sections 341,447, 504 and 506/34 of the Indian

Penal Code and 27 of the Arms Act.

2. That no such application has earlier been filed either or on behalf

of the petitioner seeking similar relief.

3. That the petitioners have no criminal antecedent.

4. That the prosecution case in brief is that on 18.01.2020 the

informant was spreading fertilizer in the field which was watered

three days ago. In the meanwhile, accused persons came and

started crossing water from the field. Upon stopping they started

3.
 abusing the informant and his worker. In the very night they used

fire arm and threatened.

A Certified/typed copy of the

F.I.R bearing Daudnagar, P.S

case no. 19/2020 is being

annexed herewith and marked

as Annexure-1 to this

application.

5. That the petitioners have been falsely implicated in this case due

to civil dispute.

6. That the allegation against the petitioner attack with arms and

started abusing as per the F.I.R.

7. That the dispute arose by the irrigation of the field from the canal

water between the parties.

8. That the petitioners and informant are co-villagers.

9. That the petitioner no.2 has lodged F.I.R against the informant

and informant family member bearing Daudnagar P.S Case no.

20/2020 on same day.

4.
 A photocopy/typed copy of the

F.I.R bearing Daudnagar, P.S

case no. 20/2020 is being

annexed herewith and marked

as Annexure-2 to this

application.

10. That there is no specific allegation against the petitioners.

11. That the general and omnibus allegation against the petitioners.

12. That thus under the facts and circumstances stated above it is

humbly and respectfully submitted that keeping in view no allegation is

made out against the petitioners and case and counter blast case and

no criminal antecedent and civil dispute, hence they deserve to be

enlarged on bail.

13. That the petitioners are a man of mean and they are ready to appear

as and when called upon to do so and he undertakes not to abscond or

tamper with the evidence.

14.That the petitioner’s prayer for anticipatory bail has been rejected

vide order dated 23.09.2020 passed in ABP No.412/2020 passed by the

Learned court of Additional District and Session Judge-IV, Aurangabad.

 5.

It is therefore prayed that your

Lordships may graciously be

pleased to admit this application

and having heard the parties

further be pleased to grant

anticipatory bail to the petitioner

above named on execution of

bail bond and sureties to any

reasonable amount to the

satisfaction of Learned court of

Additional District and Session

Judge-IV, Aurangabad, Bihar.

And/or

Pass such other order(s) as

your Lordships may deem fit

and proper in the interest of

justice.

And for this the petitioner shall ever pray.

 6.

In The High Court of Judicature At Patna

(Criminal Miscellaneous Jurisdiction)
Criminal Misc no. Of 2021

Srikant Pandey & Others ------------------------------Petitioner

Versus
The State of Bihar ------------------------------------------------Opp. Party
Sub: Supplementary Affidavit
I, Kundan Kumar (Male), aged about 37 years, son of Sri Kapildeo
Sharma, resident of village- Maner, P.S- Daudnagar, District:-
Aurangabad do hereby solemnly affirms and state as follows: -

1. That I am Pairavikar in this case and as such I am well acquainted

with the facts and circumstances of this case.
2. That inadvertently in prayer portion in place of Sub-Divisional
Judicial Magistrate, Daudnagar (Aurangabad) the Additional
District and Sessions Judge IV, Aurangabad has been typed.
3. That under such situation it is humbly and respectfully submitted
that in the prayer portion to the satisfaction of Sub Divisional
Judicial Magistrate, Daudnagar (Aurangabad) may be read in
place of Additional District and Sessions Judge IV, Aurangabad.
4. That the contents of this supplementary affidavit have been read
over and explained to me in Hindi which I have understood fully.
5. That the Annexures are true/photocopies of their respectively
original.