Shivam Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14613 of 2022 Arising Out of PS. Case No.-356 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== SHIVAM PANDEY SON OF PRAMOD PANDEY RESIDENT OF VILLAGE KHATADEVAR MANHA, P.S.- CHANPATIA, DISTRICTWEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 385 and 387 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that on coming to open his shop he found that a written bill had been pasted on the shutter of his shop purportedly making a demand of a sum of Rs. 5 lacs by one Suleman Sah. The informant states that he does not know any Suleman Sah.

It is submitted by learned counsel for the petitioner that the petitioner who is not named in the FIR has been falsely

Patna High Court CR. MISC. No.14613 of 2022(4) dt.06-01-2023 2/2 implicated in the case in course of investigation only on the basis of his having criminal antecedents. No material has transpired in course of investigation to connect him with the alleged crime. The petitioner is in custody since 22.10.2021 and charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of material that has transpired in course of investigation, the petitioner being in custody for more than a year since 22.10.2021 and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Mufassil (Manuapul) P.S. Case no. 356 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, West Champaran at Bettiah.

(Partha Sarthy, J) Prakash/- U