Anil Kumar Pandey @ Anil Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7855 of 2024 Arising Out of PS. Case No.-397 Year-2022 Thana- BARARI District- Katihar ====================================================== Sashi Bhushan Ray @ Sashi Ray @ Sashi Roy Son of Subh Narayan Rai Resident of Village-Mohnadih, P.S.-Barari, District-Katihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 7857 of 2024 Arising Out of PS. Case No.-397 Year-2022 Thana- BARARI District- Katihar ====================================================== Chhotu Ray @ Chhotu Roy Son Of Subh Narayan Rai Resident Of VillageMohnadih, P.S.-Barari, District-Katihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 7894 of 2024 Arising Out of PS. Case No.-397 Year-2022 Thana- BARARI District- Katihar ====================================================== Anil Kumar Pandey @ Anil Pandey S/O Late Karamchari Pandey @ Shiv Prasad Pandey @ Ram Prasad Pandey Village- Mohana Chandpur, PS. Barari, Dist. Katihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 7855 of 2024) For the Petitioner/s :
Mr.Shivendra Prasad For the Opposite Party/s :
Mr.Tarun Prasad Mandal (In CRIMINAL MISCELLANEOUS No. 7857 of 2024) For the Petitioner/s :
Mr.Shivendra Prasad For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam (In CRIMINAL MISCELLANEOUS No. 7894 of 2024) For the Petitioner/s :
Ms.Vaishnavi Singh For the Opposite Party/s :
Ms.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
Patna High Court CR. MISC. No.7855 of 2024(2) dt.20-02-2024 2/3 20-02-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 386, 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. Allegation against co-accused persons is that they opened fire upon the informant's son due to which he died. Allegation against these petitioners is that they also involved in the said offence.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The petitioners are not named in FIR rather their name came during the course of investigation. No any specific overt act of firing against the petitioners rather co-accused persons made firing due to which informant's son died. Similarly situated co-accused persons have already been granted bail by this Bench vide order dated 20.12.2023 passed in Cr. Misc. No. 82289 of 2023. The petitioners namely, Sashi Bhushan Ray and Chhotu Ray are languishing in judicial custody since 22.07.2023 and Anil Kumar Pandey is in judicial custody since 13.10.2023.
Patna High Court CR. MISC. No.7855 of 2024(2) dt.20-02-2024 3/3
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Barari P.S. Case No. 397 of 2022 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Katihar.
(Sunil Kumar Panwar, J) lata/- U T