Pushkar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33963 of 2023 Arising Out of PS. Case No.-97 Year-2022 Thana- JANTA BAZAR District- Saran ====================================================== Pushkar Pandey, Son Of Shashi Shekhar Pandey, Resident of Village- Basahi, P.S.- Janta Bazar, District- Saran at Chapra ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Udai Shankar Singh, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Janta Bazar P.S. Case No. 97 of 2022 registered on 16.05.2022 for the alleged offences under Sections 383, 384, 387, 120(B) and 506/34 of the Indian Penal Code.
3. As per prosecution case, unknown miscreants demanded extortion money from the informant and when the same was not paid they opened fire at the shop of the informant. Subsequently, demand of Rs. 6,00,000/- was made on the mobile phone of the informant. The informant further alleged that after inquiry he came to know about involvement of the petitioner with the help of his henchman in the occurrence.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.33963 of 2023(2) dt.28-06-2023 2/3 petitioner is innocent and has been falsely implicated in this case. The petitioner was not involved in the occurrence in any manner and he was in custody in Janta Bazar P.S. Case No. 146 of 2020 when the alleged demand was made. He has no concern with the other FIR named co-accused persons. He has been remanded in this case on 01.06.2022 and charge-sheet has been submitted.
5. Learned APP opposes the prayer for bail submitting that the petitioner is a habitual offender and he is accused in a number of cases.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Saran at Chapra/concerned Court in connection with Janta Bazar P.S. Case No. 97 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
Patna High Court CR. MISC. No.33963 of 2023(2) dt.28-06-2023 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T