Deepak Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30623 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== Deepak Pandey S/o Arvind Pandey Resident of Village- Barauni Lokhada, P.S.- Phulwariya, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr. Raju Kumar, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-08-2025 Heard Mr. N.K. Agrawal, learned senior counsel duly assisted by Mr. Raju Kumar, learned counsel for the petitioner and Mr. Umanath Mishra, learned APP for the State.
2. The petitioner is in custody in connection with Gopalganj Town P.S. Case No. 57 of 2025 for the offence punishable under Sections 309(4)/3(5) of the BNS lodged on 21.01.2025 by the informant, Shahbuddin Ansari.
3. As per the prosecution story, the informant alleged that after withdrawing Rs.2,00,000/- from Canara Bank, as he proceeded towards his house, three miscreants stopped him on the point of knife and snatched his bag. As he raised alarm, one person was apprehended and two persons managed to escape. The alleged looted materials were recovered, this led to the FIR.
Patna High Court CR. MISC. No.30623 of 2025(3) dt.06-08-2025 2/3
4. Learned Senior counsel for the petitioner submits that admittedly, the person who was apprehended is Raj Kumar Mishra, he gave the names of the persons who escaped as Manoj Mishra and Deepak Pandey (petitioner herein). The submission is that the police forced him to give the name of the petitioner, as he has criminal antecedent. He had no role to play in the matter, nor any T.I. Parade has been conducted despite the fact that the petitioner is in custody since 23.01.2025.
5. Learned APP opposes the prayer for bail submitting that the person from whom the bag was recovered has taken the name of the petitioner.
6. Taking into account the aforesaid fact as also that he is in custody since 23.01.2025 and despite being in jail, no T.I. Parade has been conducted, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Town P.S. Case No. 57 of 2025 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official
Patna High Court CR. MISC. No.30623 of 2025(3) dt.06-08-2025 3/3 document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) manoj/- U T