Ashish Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33790 of 2025 Arising Out of PS. Case No.-610 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== Ashish Pandey S/o Ajay Pandey R/o Village- Ramshahar, P.S.- Barahara, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2.

The petitioner seeks bail in connection with Koilwar P.S. case No. 610 of 2022 instituted for the offences under Sections 302/34 of the Indian Penal Code. 3.

The main allegation as per FIR is that son of the informant, namely Aryan Raj, was killed by the caller by means of iron angle and iron rod.

4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of this petitioner has cropped up in this case on the basis of confessional statement of co-accused, namely, Vicky Singh. Learned counsel

Patna High Court CR. MISC. No.33790 of 2025(3) dt.14-07-2025 2/3 further submitted that informant is not the eye-witness to the occurrence. No incriminating substance is recovered from the possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.02.2025 and has no criminal antecedent.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that as per the post-mortem report, the cause of death is opined as shock and hemorrhage due to the injuries caused by hard blunt substance which corroborates the prosecution case. It is contended that petitioner was seen with the deceased, but coaccused, Vicky Singh has confessed that petitioner was unaware of the conspiracy. Bail of co-accused Vicky Singh has been rejected by this Court vide order dated 14-03-2024, passed in Cr. Misc. No. 56950 of 2023.

6.

Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and there being no cogent material against the petitioner to establish his involvement in the alleged occurrence, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.33790 of 2025(3) dt.14-07-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Koilwar P.S. case No. 610 of 2022.

(Rudra Prakash Mishra, J) Raj Kishore/- U T