Pandu @ Pande @ Pandav Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15169 of 2020 Arising Out of PS. Case No.-243 Year-2019 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Pandu @ Pande @ Pandav Singh Son of Ashok Kumar Singh R/OTingachhia, Bazar Samitee, P.S.- Katihar Nagar, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-07-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The instant application for regular bail has been filed by the petitioner in connection with Katihar Mufassil P.S. Case No.243 of 2019 registered under sections 392 and 411 of the Indian Penal Code and sections 25(1-B)(a) and 26 of the Arms Act.

As per allegation in the F.I.R., while the informant was coming with the bag containing money, on the point of pistol three persons snatched the same. One of the accused namely, Guddu Sah was apprehended at the spot while two persons are stated to have fled away. It is further submitted that Guddu Sah who was apprehended at the spot disclosed the petitioner to be one of the two persons who had managed to flee. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.15169 of 2020(4) dt.07-07-2020 2/2 neither the petitioner was arrested at the spot nor has any incriminating article been recovered from his possession. His name transpired in the confessional statement of a co-accused made before the police. He has not been put on T.I. Parade and is in custody since 20.11.2019.

The application for bail is opposed by learned A.P.P. for the State who submits that the petitioner actively participated in the occurrence and also has a case pending against him.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner was not arrested at the spot, his being in custody since 20.11.2019 and not having been put on T.I. Parade, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Katihar Mufassil P.S. Case No.243 of 2019 on his 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, Katihar.

Bibhash/- (Partha Sarthy, J) U T