Devendra Pandey @ Baba v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35662 of 2016 Arising Out of PS.Case No. -6 Year- 2015 Thana -WARSALIGANJ District- NAWADA ======================================================
1. Devendra Pandey @ Baba Son of Anirudh Pandey, R/o Village - Adarsh Nagar, P.S. - Telaiya, District - Kodarma (Jharkhand). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 147, 148, 149, 307, 452, 379, 380, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation is that the F.I.R. named accused persons along with 15-20 unknown persons armed with various weapons entered into the house of the informant and had assaulted the informant and others and committed theft of golden and silver ornaments and cash etc. of the informant and her family members. Accused Nago Singh made two firings which hit little finger of right leg of her Bhabhi Nitu Devi.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.2.2016 and charge sheet has
Patna High Court Cr.Misc. No.35662 of 2016 (3) dt.24-10-2016 2/2 been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. Except for the confessional statement of the co-accused there is no other substantive evidence to suggest his implication in the present case. It is further submitted that the petitioner may be released after completion of one year in custody from 29.2.2016.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.
Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail after completion of one year in custody from 29.2.2016 on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Nawada in connection with Warisaliganj P.S. case No.06 of 2015 corresponding to G.R. No.11341 of 2015.
(Sudhir Singh, J) Narendra/- U T