Pankaj Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31280 of 2020 Arising Out of PS. Case No.-150 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== PANKAJ PANDEY, aged about 18 years, Male, Son of Late Dhrupdev Pandey, R/o Village- Brit Belwa, P.S.- Kuchaikote, District- Gopalganj. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Ranjeet Kumar Pandey, Advocate.

For the Opposite Party :

Mr. Kanhaiya Kishore, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 188, 269, 290, 414/34 of the I.P.C. and 25(1-b)a,26(i) and 35 of the Arms Act.

The prosecution story, in brief, is that during the vehicle checking, one loaded pistol, four live cartridges in its Magazine and one Mobile were recovered from possession of

Patna High Court CR. MISC. No.31280 of 2020(2) dt.02-12-2020 2/2 the petitioner.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 12.05.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. One loaded pistol alongwith four live cartridges in its Magazine and one Mobile are alleged to have been recovered from possession of the petitioner. There is no compliance of Section 100 of Cr. P.C.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VII, Gopalganj, in connection with Kuchaikot P.S. Case No. 150 of 2020.

(Sudhir Singh, J) U.K./- U T