Prasen Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26870 of 2023 Arising Out of PS. Case No.-23 Year-2019 Thana- ISHIPUR District- Bhagalpur ====================================================== Prasen Pandey Son Of Baidynath Pandey R/O Village- Srinagar, P.S.- Isipurbarahat, District- Bhagalpur, Bihar-8122002 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar Pandey Mr.Kuldeep Thakur For the Opposite Party/s :
Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 201, 120(B) and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, co-accused Shivam Kumar Pandey @ Tiger @ Golu and Bambam Pandey along with some unknown persons took away the son of informant and next day, dead body of the son of informant was found near a Pokhar.
4. It is submitted that petitioner is not named in the FIR. Petitioner has been falsely implicated in this case simply
Patna High Court CR. MISC. No.26870 of 2023(3) dt.14-07-2023 2/2 because he is father of co-accused Bambam Pandey. No one has identified the petitioner in the commission of the offence. During the trial of the case, learned Sessions Court summoned the petitioner under Section 319 of the Code of Criminal Procedure for appearance of petitioner in the trial. Petitioner claims clean antecedents.
5. Considering the facts aforesaid, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned District & Sessions Judge, Bhagalpur in connection with Ishipur (Barahat) P.S. Case No. 23 of 2019 corresponding to Sessions Trial No. 181 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T