Ramdayal Pandey @ Ramdyal Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13319 of 2021 Arising Out of PS. Case No.-432 Year-2020 Thana- CHOUTARWA District- West Champaran ====================================================== Ramdayal Pandey @ Ramdyal Pandey Son Of Late Yogendra Pandey Resident Of Village - Chautarwa, Police Station - Chautarwa, District - West Champaran (Bettiah).

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lokesh Kumar Singh For the Opposite Party/s :

Mr. Milind Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Chautarwa P.S. Case No. 432 of 2020 registered for the offence punishable under Sections 341, 323, 324, 307, 504 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 of the Arms Act.

Allegation against the petitioner is that he assaulted and fired upon the informant by gun-shot because of non fulfillment of his demanded bribe (money) from his shop. It is alleged that petitioner assaulted the informant with spade on his back due to which he fell

Patna High Court CR. MISC. No.13319 of 2021(2) dt.07-07-2021 2/2 down.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that petitioner never had a katta with him when he approached the shop of the informant, it was the father of the informant who tucked katta in his waist just to make the case serious in nature. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 10.10.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid and the period of custody of the petitioner, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Chautarwa P.S. Case No. 432 of 2020. (Anjani Kumar Sharan, J) GAURAV S.