Vikash Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40579 of 2021 Arising Out of PS. Case No.-773 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== VIKASH PANDEY Son of Umesh Kumar Roy @ Umesh Pandey Resident of Village - Gajragarh, P.S. - Barachatti, District - Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Jubair Ansari, Adv.
For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-01-2022 Heard Mr. Md. Jubair Ansari, learned counsel for the petitioner and Mr. Uma Shankar Prasad Singh, learned Additional Public Prosecutor for the State via virtual conferencing. .
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 to snatch the motorcycle of the informant and upon protest, the petitioner along with accused persons fled away.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.40579 of 2021(2) dt.28-01-2022 2/3 petitioner has falsely been implicated in this case on the basis of statement made by co-accused, Shambhu Pandit and the petitioner has not been arrested on the spot. Learned counsel next submits that the petitioner is in custody since 11.01.2021. 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.
It is also submitted that similarly situated co-accused, namely, Shiva @ Shambhu Pandit @ Shiva Pandit, upon whose statement the petitioner has been implicated in this case, has been granted bail by this Court vide Cr. Misc. No. 32156 of 2021.
Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated accused person has been granted bail by this Court, petitioner is in custody since 11.01.2021, 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, VIKASH PANDEY ,
Patna High Court CR. MISC. No.40579 of 2021(2) dt.28-01-2022 3/3 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 Barachatti PS Case No. 773/2020.
(Anil Kumar Sinha, J) perwez U T