Abhishek @ Shashi Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10144 of 2025 Arising Out of PS. Case No.-274 Year-2023 Thana- GORIAKOTHI District- Siwan ====================================================== Abhishek @ Shashi Pandit S/O Late Umesh Pandit R/O Vill.- Bangra,P.SMaharajganj, Dist- Siwan , Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prashant Kumar For the Opposite Party/s :
Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Goriya Kothi (Goreakothi) P.S. Case No. 274 of 2023 dated 30.09.2023 registered for the offences punishable under Sections 399, 402, 414 of the I.P.C. and Sections 25(1-B)a, 26, 35 of the Arms Act and Sections 8, 21(b) and 22 of the N.D.P.S. Act.
3. As per the prosecution case, police apprehended four accused persons including the petitioner who were assembled in an orchard behind Pahelejpur High School to commit crime and from possession of the petitioner, one loaded country made pistol, two live cartridges, 20 small packets containing smack like substance (weight 9.070 gm) and one mobile were
Patna High Court CR. MISC. No.10144 of 2025(2) dt.19-03-2025 2/3 recovered.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. No incriminating article has been recovered from his possession. He has no concern with the alleged recovery. There is no compliance of Section 100 of the Cr.P.C. The seized contraband is less then commercial quantity. The petitioner has two criminal antecedents as stated in para-3 of the bail petition. The petitioner is in custody in this case since 01.10.2023. 5.Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Siwan in connection with Goriya Kothi (Goreakothi) P.S. Case No. 274 of 2023 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable
Patna High Court CR. MISC. No.10144 of 2025(2) dt.19-03-2025 3/3 cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T