Ayush Pandey @ Ayush Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11111 of 2025 Arising Out of PS. Case No.-28 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== Ayush Pandey @ Ayush Kumar Pandey S/O Pappu Pandey R/O VillageKhardeur Mahna, Pandey Tola, Ward No. 2, P.S- Chanpatiya, Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Adv For the Opposite Party/s :
Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Chanpatiya P.S Case No. 28/2020 registered for the offences punishable under Sections 395 of the Indian Penal Code.
3. As per the prosecution case, six accused persons has snatched motorcycle, one mobile phone and Rs. 10,000/- from the informant when he was coming back from market.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner name has been figured from the confessional statement of the co-accused namely Kundan Kumar Pandey. He further submits that neither the petitioner has
Patna High Court CR. MISC. No.11111 of 2025(3) dt.13-05-2025 2/3 been apprehended from the place of occurrence nor anything has been recovered from possession of Anu Kumari to which she had taken from the pocket of her brother Abhayas Singh and the same has been granted bail in Cr. Misc. No. 54128 of 2021. He further submits that neither any incriminating article has been recovered from the petitioner's possession nor he has been put on TI parade. It is also submitted that petitioner is in judicial custody since 28.06.2020 having eight criminal antecedent.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order dated 28.01.2025, it appears that nothing has been recovered from the conscious possession of the petitioner and his name has been figured during the course of investigation by one of the coaccused and keeping in view that other co-accused has been granted bail by the co-ordinate Bench of this Court and considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bettiah, West Champaran in
Patna High Court CR. MISC. No.11111 of 2025(3) dt.13-05-2025 3/3 connection with Chanpatiya P.S. Case No. 28 of 2020. (Ramesh Chand Malviya, J) Sunnykr/- U