Makeshwar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61652 of 2018 Arising Out of PS. Case No.-292 Year-2017 Thana- HISUWA District- Nawada ====================================================== Makeshwar Pandey S/o Laxmi Pandey, R/o Vill.- Kumar, P.S.- Sikandra, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Prasad For the Opposite Party/s :
Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-10-2018 Heard both sides.
Petitioner seeks bail in Hisua P.S. Case No.292 of 2017, registered under Sections 394 and 307 of the Indian Penal Code as well as under Section 27 of the Arms Act. The informant alleged that while he was going along with his villagers, Raushan Kumar and Gopal Kumar to their house on a motorcycle bearing Registration No. BR21B-3828, three persons came on another motorcycle bearing Registration No. BR51B 4401 and intercepted the informant and snatched his motorcycle. When the informant made protest, firing was also made which hit on the right shoulder of the informant. The learned counsel for the petitioner submits that the petitioner is not named in the FIR. The petitioner was arrested in connection with Hisua P.S. Case No.293 of 2017, registered
Patna High Court Cr.Misc. No.61652 of 2018(2) dt.08-10-2018 2/2 under Section 414 of the Indian Penal Code and under Sections 25(1-b) a, 26, 35 of the Arms Act. The petitioner and two other accused persons are said to have confessed their guilt but no stolen/robbed article has been recovered from the possession of the petitioner. Petitioner is in jail since 27.04.2018 but he has not yet been put on TIP. Save and except the confessional statement of the petitioner, there is no other incriminating article to show the involvement of the petitioner in the alleged crime of robbery.
Considering the facts aforesaid, petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Nawada in connection with Hisua P.S. Case No.292 of 2017. (Prabhat Kumar Jha, J) S.KUMAR/- U T