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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29631 of 2025 Arising Out of PS. Case No.-309 Year-2023 Thana- VIJAYEPUR District- Gopalganj ====================================================== Sanjeet Pandey @ Sanjeet Kumar Pandey Son of Ashok Pandey @ Ashok Kumar Pandey Resident of Deoria P.S -Rivilganj, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Prasad For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. This is the first regular bail application of the petitioner seeking his regular bail in connection with Vijaipur P.S. Case No. 309 of 2023 registered for the offence under Section 398 of the Indian Penal Code.

3. According to the case of prosecution, on 03.10.2024 at about 03:40 pm. when the informant was in his ornament shop, allegedly 6 unknown persons came there and they entered in the shop and tried to commit loot of the ornaments. However, other shopkeepers came there then they fled away from the spot. The matter was reported by the informant. On the basis of said report, the offence has been registered and during course of investigation, the present

Patna High Court CR. MISC. No.29631 of 2025(2) dt.16-05-2025 2/3 applicant has been arrested on 25.01.2025.

4. It is submitted by the learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in the present case only on the basis of confessional statement made by co-accused Amarjit Kumar. Co-accused Amarjit Kumar has also granted bail by the Trial Court. Other co-accused persons Bhim Kumar and Prince Bharti have also been granted regular bail by the Trial Court. Lastly, he submits that even after arrest of the petitioner, no TIP has been conducted by the prosecution, therefore, on these grounds, it is prayed that the petitioner may be granted benefit of bail.

5. Learned counsel for the State opposes the arguments raised by the counsel for the petitioner.

6. Heard.

7. Perused the case diary and other materials available on record.

8. Considering the submissions made by the counsel for the petitioner and particularly considering the fact that no any direct evidence is available against the petitioner on record and further considering the fact that some of the coaccused persons have already granted regular bail, I am of the view that it is a case where the petitioner should be granted

Patna High Court CR. MISC. No.29631 of 2025(2) dt.16-05-2025 3/3 benefit of bail.

9. Accordingly, the application is allowed.

10. 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 Judicial Magistrate, 1st Class, Gopalganj in connection with Vijaipur P.S. Case No. 309 of 2023.

(Arvind Singh Chandel , J) shailendra/- U T