Deepak Pandey @ Vishal Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25614 of 2023 Arising Out of PS. Case No.-115 Year-2016 Thana- MOKAMAH District- Patna ====================================================== Deepak Pandey @ Vishal Pandey, son of Arvind Pandey, resident of VillageSokahara Bus stand (Barauni), P.S.- Fulwariya, Dist- Begusarai ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Raju Kumar, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2.

The accused/petitioner seeks bail in connection with Kokama P.S. Case No.115 of 2016 registered for the offence punishable under Section 392 of the Indian Penal Code. 3.

The accused/petitioner is not named in the FIR and is in custody since 03.09.2022.

4.

Allegation against the petitioner is to commit robbery along with other unknown accused persons and while committing so, taken away a bag containing Rs.2,30,000/- and Rs. 2,50,000/- belongs to the informant, which was immediately withdrawn from Punjab National Bank, Mokama Bazar and post office.

5.

It is submitted by Mr. N.K. Agrawal, learned senior

Patna High Court CR. MISC. No.25614 of 2023(3) dt.17-07-2023 2/3 counsel appearing on behalf of the petitioner that the name of petitioner surfaced during the course of investigation on the basis of confessional statement of co-accused, Kundan, in furtherance thereof, no incriminating material recovered/surfaced during the course of investigation as to connect the petitioner prima facie with present occurrence of robbery. Petitioner was not put on Test Identification Paraded as yet. While concluding argument, it is submitted that the petitioner was found involved in one more criminal case, where he is on bail and moreover investigation of this case has been completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence. 6.

Learned APP opposes the prayer for grant of bail to the petitioner.

7.

In view of above-mentioned facts and circumstances and by taking note of fact as save and except confessional statement of co-accused, nothing incriminating appears during the course of investigation as to connect the petitioner prima facie with present occurrence of robbery, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 03.09.2022, accordingly, the petitioner, above-named, is directed to be released on bail

Patna High Court CR. MISC. No.25614 of 2023(3) dt.17-07-2023 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Barh, Patna in connection with Mokama P.S. Case No.115 of 2016, subject to the conditions as laid down under Section 437(3) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T