Ayush Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17565 of 2021 Arising Out of PS. Case No.-296 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== AYUSH PANDEY SON OF PAPPU PANDEY RESIDENT OF VILLAGEKHARDEUR MAHANA, P.S- CHANPATIYA, DIST- WEST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar no.7, Adv.

For the Opposite Party/s :

Mr. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 385, 387, 341, 323 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per allegations in the F.I.R., it is stated that accused Abhyas Singh made a demand of Rs.5 lacs as rangdari and later fired on the informant's vehicle as a result of which, the informant's son sustained gunshot injury. It is submitted by learned counsel for the petitioner that from perusal of the F.I.R., it would transpire that the petitioner is not named in the F.I.R. and the overt act has solely been alleged against accused Abhyas Singh. Further referring to

Patna High Court CR. MISC. No.17565 of 2021(2) dt.04-09-2021 2/2 the order of the learned court below rejecting the application for bail of the petitioner, it is submitted that the name of the petitioner transpired in course of investigation of a co-accused made before police. The petitioner is in custody since 3.10.2020 and chargesheet has been submitted.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the allegations contained in the F.I.R. together with the petitioner being in custody for more than 11 months and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Chanpatiya P.S. Case no.296 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran.

(Partha Sarthy, J) Saurabh/- U T