Patna High CourtCR. MISC./26714/2024allowed

Shivam Pandey v. The State Of Bihar

2024-04-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26714 of 2024 Arising Out of PS. Case No.-244 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Shivam Pandey S/o Pankaj Pandey @ Dipendra Kumar Pankaj @ Guddu Pandey Resident of Village Badhari, P.S. Runni Saidpur, District Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.II Mr. Pranav Kumar, Smt. Priyanka Kumari For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 394, 302, 307 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants stopped the vehicle of the informant with an intention to commit dacoity and killed the brother-in-law of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired in this case on the basis of confessional statement of co-accused Shubham Kumar, before police. He has falsely been implicated

Patna High Court CR. MISC. No.26714 of 2024(2) dt.04-04-2024 2/2 in this case. Moreover, similarly situated co-accused namely, Shubham Kumar has already been granted bail by this Court vide order dt. 9.1.2024 passed in Cr. Misc. No. 68142 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 14.9.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sadar P.S. Case No. 244 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga. (Sunil Kumar Panwar, J) Amandeep/- U T