Chand @ Chand Pandey @ Ambuj Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13735 of 2025 Arising Out of PS. Case No.-66 Year-2024 Thana- Kumarbagh District- West Champaran ====================================================== Chand @ Chand Pandey @ Ambuj Pandey Son of Bablu Pandey Son of VillMalkauli, P.S.-Kumarbag, District- West Champaran at Bettiah ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar, Adv.
For the Opposite Party/s :
Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kumarbagh P.S. Case No. 66 of 2024 instituted for the offences under Sections 126(2), 127(2), 115(2), 109, 119(1), 308(3), 308(4), 308(5), 351(2), 3(5) of the B.N.S.
3. The prosecution case, in short, is that the accused persons including the petitioner tied the hands and legs of the Informant on the way, took out a pistol, put the same in the mouth of the Informant and demanded five lakh rupees from him. They also threatened of killing if the demand is not fulfilled by him.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.13735 of 2025(2) dt.28-02-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to previous enmity. The petitioner has no concern with the alleged occurrence and has also no concern with the other coaccused persons. The petitioner is not named in the F.I.R. and his name has transpired in this case only on the basis of confessional statement of the co-accused Himanshu Singh before the police which has no evidentiary value in the eye of law. Charge-sheet has been submitted in this case. Charge has also been framed. No one has sustained any injury in the alleged occurrence. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is also no allegation of extortion against the petitioner. No one has sustained any injury in the alleged occurrence. The petitioner has two criminal antecedents and he is in custody since 18.11.2024 without any rhymes or reason.
5. He further submits that the co-accused have already been granted bail by this Court vide orders dated 28.01.2025 and 05.02.2025 passed in Cr. Misc. Nos. 3212 of 2025 and 4575 of 2025 respectively.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
Patna High Court CR. MISC. No.13735 of 2025(2) dt.28-02-2025 3/3
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the prayer for bail being based on parity, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Kumarbagh P.S. Case No. 66 of 2024. (Rudra Prakash Mishra, J) rishi/- U T