Pandey Gope @ Sanjay Ray @ Pandey Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19869 of 2020 Arising Out of PS. Case No.-560 Year-2019 Thana- DANAPUR District- Patna ====================================================== PANDEY GOPE @ SANJAY RAY @ PANDEY RAY S/o Manohar Rai @ Manauri Rai @ Manohar Ray Resident of Village- Satuna, Saguna Gandhi Murti, Saguna Nadipar, Police Station Danapur, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Kant Kumar, Adv For the Opposite Party/s :
Mr. J.K.Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-07-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the Stamp Reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately after the lockdown ends, and in any event within one month thereof.
2. The petitioner is in custody since 16.07.2019 in connection with Danapur P.S. Case No. 560 of 2019 for the alleged offences under Section 302, 384, 385, 386, 307, 120B, 379/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. It is submitted that the petitioner has been falsely implicated in connection with murder of the husband of the informant by the accused persons including the petitioner. It is
Patna High Court CR. MISC. No.19869 of 2020(2) dt.02-07-2020 2/3 stated that there is allegation of firing by the petitioner along with co-accused Bindeshwar Rai @ Bindeshwar Prasad, Manjay Rai @ Manjay Gope @ Manjay, Navin @ Nibha @ Navin Sharma and Ganpat @ Rishikesh Pandey. Of the accused, similarly situated co-accused Manjay Rai @ Manjay Gope @ Manjay as well as Navin @ Nibha @ Navin Sharma have been granted bail by this Court in Cr. Misc. No. 80062 of 2019 and Cr. Misc. No. 81027 of 2019 respectively. A statement is made at the Bar that Manjay Rai @ Manjay Gope @ Manjay also had 10 prior cases in which he was made accused. It is submitted that the accusation of firing by the aforesaid accused persons is general and omnibus and no specific injury is attributed to the petitioner. The petitioner has already suffered custody of almost one year since 16.07.2019.
4. Learned APP appears and has been heard. He invites reference to para 3 of the petition wherein as many as 12 prior cases have been enumerated by way of criminal antecedents of the petitioner.
5. Be that as it may and having regard to the period of custody already suffered since 16.07.2019, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM Ist, Danapur, District Patna in connection with Danapur P.S. Case No. 560 of 2019, if he is not otherwise required in any other case, and subject to verification
Patna High Court CR. MISC. No.19869 of 2020(2) dt.02-07-2020 3/3 that co-accused Manjay Rai @ Manjay Gope @ Manjay was made accused in 10 prior cases as has been claimed by the petitioner.
6. Office shall ensure that all defects have been removed and compliance with the notices of this Court has been made, within the stipulated time as provided in para 1 hereinabove.
(Vikash Jain, J) Chandran/- U T