Ravi Ranjan Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19425 of 2019 Arising Out of PS. Case No.-504 Year-2018 Thana- ARA NAWADA District- Bhojpur ====================================================== RAVI RANJAN KUMAR PANDEY, Son of Uma Shankar Pandey, Resident of Village - Bishwambharpur, P.S.- Imadpur, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Jee Mishra For the Opposite Party/s :
Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 06.11.2018 in a case registered for the offences punishable under Sections 302 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case as per the written report of Saniya submitted to SHO, Ara Nawada Police Station is to the effect that on 24.07.2018 at about 8.00 P.M., the husband of the informant, Tribhuwan Gupta and his younger brother, Ravi Ranjan Gupta, after closing the shop, were returning to home by their motorcycle, but, in the meantime, four miscreants came on two motorcycles and resorted to fire on them, as a result, the younger brother of the informant, Ravi Ranjan
Patna High Court CR. MISC. No.19425 of 2019(2) dt.01-04-2019 2/3 Gupta died on the spot and husband of the informant was brought to PMCH hospital and from there he was referred to Paras Hospital, leading to the registration of FIR against four unknown persons. It is further alleged that the name of the petitioner sprang up during investigation on the confession of apprehended co-accused person.
It is submitted by learned counsel for the petitioner that neither there is any recovery from the conscious physical possession of the petitioner, nor he has been put on T.I. Parade till date. It is further submitted that similarly situated coaccused, Abinash Pandey has been granted bail by a Coordinate Bench of this Court vide order dated 16.01.2019 passed in Cr. Misc. No.75563 of 2018.
Learned APP for the State submits that the name of the petitioner sprang up on the confessional statement of apprehended co-accused person.
Considering the fact that investigation has already been concluded, prosecution case does not suggest any recovery from the conscious physical possession of the petitioner and similarly situated co-accused has been granted bail by a Co-ordinate Bench of this Court, let the above named petitioner be released on bail, on furnishing bail bond of
Patna High Court CR. MISC. No.19425 of 2019(2) dt.01-04-2019 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur, Ara in connection with Ara Nawada P.S. Case No.504 of 2018. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T