Shiva @ Shambhu Pandit @ Shiva Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32156 of 2021 Arising Out of PS. Case No.-773 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== SHIVA @ SHAMBHU PANDIT @ SHIVA PANDIT S/o Pathalu Pandit @ Parmeshwar Pandit @ Prameshwar Pande R/o village- Gajragarh, P.S.- Barachatti, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. M. K. Jha, Adv.
Mr. Md. Javed Jafar Khan, Adv.
For the Opposite Party/s :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-12-2021 Heard Mr. M. K. Jha, learned counsel for the petitioner and Additional Public Prosecutor for the State. Petitioner seeks regular bail in connection with Barachatti PS Case No. 773/2020 registered for the offence punishable under Sections 393, 307 of the IPC. The allegation, as per prosecution case, is that informant was intercepted by four miscreants while he was returning to his home on his motorcycle and the said four miscreants tried the snatch the motorcycle of the informant and upon protest, the accused persons fled away. However, the petitioner was apprehended from Barachatti market while he was fleeing away on his motorcycle.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.32156 of 2021(2) dt.14-12-2021 2/3 petitioner has falsely been implicated in this case and he has not been arrested on the spot and while he was going to the market, the police arrested him in connection with the present case. Learned counsel next submits that after arrest of the petitioner, he has been remanded in two other cases and he is in custody since 25.12.2020.
Learned counsel also submits that no robbery has taken place and none of the articles of the informant has been snatched by the petitioner or by any other accused persons and it is further submitted that the charge-sheet, in the matter, has already been submitted.
Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 25.12.2020, he was not arrested on the spot and the charge-sheet, in the matter, has already been submitted, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, SHIVA @ SHAMBHU PANDIT @ SHIVA PANDIT be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with
Patna High Court CR. MISC. No.32156 of 2021(2) dt.14-12-2021 3/3 Barachatti PS Case No. 773/2020.
(Anil Kumar Sinha, J) perwez U T