Ashish Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16929 of 2023 Arising Out of PS. Case No.-372 Year-2022 Thana- BYPASS District- Patna ====================================================== Ashish Pandey S/O Vijay Shankar Pandey R/O Mohalla- Meena Bazar, Near Bhushan Bhawan, P.S- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shatrughan Pandey, Adv.

For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with ByPass P.S. Case No. 372 of 2022 dated 07.09.2022 registered for the offences punishable under sections 302 read with 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, some unknown miscreants shot the informant's brother and Chandan Kumar dead. Both the injured were taken to NMCH, Gaya for treatment where both the injured were declared dead.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.16929 of 2023(2) dt.11-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the coaccused Sanjay Kumar Keshri and Ganesh Kumar. The other coaccused person has already been granted bail by the Co-ordinate Bench of this Court vide order dated 28.04.2023 passed in Cr. Misc. No. 15342 of 2023. The petitioner also accepted his guilt in his confession. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 11.09.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to 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 learned Court concerned, Patna City ( Patna) in connection with ByPass P.S. Case No. 372 of 2022.

The application stands allowed.

atul/- (Chandra Prakash Singh, J) U T