Sunil Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19460 of 2020 Arising Out of PS. Case No.-505 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== Sunil Pandey Son of Sidhnath Pandey @ Siddi Pandey Resident of Village - Mishravalia, P.S.- Brahmpur, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parijat Saurav, Adv.

For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-06-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Brahmpur P.S. Case No. 505 of 2019 registered for the offence under sections 307, 147, 148, 149, 323, 341, 353 and 504 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, while the police personnel had gone to apprehend Ramesh Yadav in connection with another case and when they caught hold of him, he called out two other accused persons including Deepak Yadav and the petitioner. It is stated that while Deepak Yadav and three other persons caught hold of the police, the petitioner and two others are stated to have fired and they also attempted to take away the pistol of the police.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.19460 of 2020(2) dt.09-06-2020 2/2 that the allegations as levelled in the FIR are false and concocted. The petitioner has been falsely implicated in the case. Co-accused Deepak Yadav has been enlarged on bail vide order dated 03.03.2020 passed in Cr. Misc. No. 9050 of 2020. The petitioner is in custody since more than six months. The application for bail is opposed by learned APP for the State and submits that there is direct and serious allegation against the petitioner and the case of Deepak Yadav stands on different footing.

Having heard learned counsel for the parties and taking into consideration the grant of bail to co-accused Deepak Yadav, none of the police personnel being injured and the petitioner being in custody since 18.11.2019, the court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Brahmpur P.S. Case No. 505 of 2019 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar.

(Partha Sarthy, J) sushma/- U T