Patna High CourtCR. MISC./36318/2024bail granted

Vishal Kumar Pandey @ Vishal Pandey v. The State Of Bihar

2024-09-19Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36318 of 2024 Arising Out of PS. Case No.-256 Year-2023 Thana- PIPRA District- East Champaran ====================================================== Vishal Kumar Pandey @ Vishal Pandey S/O Arun Pandey R/O Village - Mahuawa, P.S. - Pipra, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 302, 201 and 34 of the Indian Penal Code, registered in connection with Pipra P.S. Case No. 256 of 2023.

3. The allegation against the petitioner along with others is killing the son of the informant.

4. The learned counsel for the petitioner has submitted that he has been falsely implicated in this case and has committed no offence. Except confessional statement of the petitioner, there is nothing in the entire case diary to show his complicity in the alleged occurrence. He further submitted that

Patna High Court CR. MISC. No.36318 of 2024(4) dt.19-09-2024 2/2 the confessional statement before the police has no evidentiary value in the eyes of law. There is no eye-witness to the alleged occurrence. Moreover, petitioner is a person of clean antecedent and he is in custody since 05.01.2024.

5. Learned APP for the State has opposed the prayer of bail by submitting that on call of the petitioner, the deceased went outside with him.

6. Considering the above facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari in connection with Pipra P.S. Case No. 256 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the Court.

7. Petitioner shall remain physically present as directed by the Court and on his absence on two consecutive dates without without sufficient reason, his bail bonds shall be cancelled by the Court below.

(Nawneet Kumar Pandey, J) Arish/- U T