Shashi Pandey @ Shashi Bhushan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8369 of 2022 Arising Out of PS. Case No.-179 Year-2021 Thana- BARURAJ District- Muzaffarpur ====================================================== SHASHI PANDEY @ SHASHI BHUSHAN PANDEY SON OF LATE NARAYAN PANDEY RESIDENT OF VILLAGE-SISWA, P.S- BARURAJ, DIST- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Pandey For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Baruraj P.S.Case No. 179 of 2021. As per allegation, the present petitioner and coaccused Ujjwal Kumar Pandey opened fire, but the informant escaped. Thereafter, they assaulted him with butt of the pistol and snatched a mobile set, gold chain, earring and cash of Rs. 1,00,000/-.

The learned counsel for the petitioner has submitted that though there is allegation of firing, but the informant has

Patna High Court CR. MISC. No.8369 of 2022(2) dt.06-09-2022 2/2 not received any fire-arm injury. The petitioner is a person of clean antecedent and the prosecution version of snatching cash and ornaments has not been supported by the witnesses, as is evident from the impugned order.

Considering the above facts and circumstances, especially the clean antecedent of the petitioner, let him, abovenamed, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sri Mahendra Mishra, learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Baruraj P.S.Case No. 179 of 2021, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T