Manish Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5262 of 2019 Arising Out of PS. Case No.-64 Year-2018 Thana- HATHAURI District- Muzaffarpur ====================================================== Manish Pandey, son of Late Ram Ekbal Pandey, Resident of villageParamjeevar, P.S.- Hathauri, District-Muzaffarpur-843129. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Sessions Trial No.679 of 2018 arising out of Hathauri P.S. Case No.64 of 2018 for the offences punishable under Sections 364, 302, 201/34 of the Indian Penal Code.

The allegation is regarding the main accused, namely, Subodh Pandey having taken a sum of Rs.12,000/- from the deceased and thereafter had called him on mobile phone for the purposes of recovering the said money. Thereafter, according to the informant, the deceased did not return and subsequently dead body was found from the field of Subodh Pandey.

The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.5262 of 2019(2) dt.30-01-2019 2/2 the petitioner has been falsely implicated in the present case merely because he is not having a very good antecedent despite the fact that the petitioner has never been working with the other co-accused persons. There is no connection at all with the alleged death of the deceased and there is no evidence to connect the petitioner with the alleged crime. It is further submitted that the main accused, namely, Subodh Pandey .has already been granted bail by a coordinate Bench of this Court vide order dated 04.09.2018 passed in Cr. Misc. No.60949 of 2018. Petitioner is stated to be languishing in custody since 21.08.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned 9th Additional Sessions Judge, Muzaffarpur, in connection with Sessions Trial No.679 of 2018 arising out of Hathauri P.S. Case No.64 of 2018 (Mohit Kumar Shah, J) sanjeev/- U T