Prakash Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32678 of 2019 Arising Out of PS. Case No.-391 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Prakash Pandey Son of Sri Jitendra Paandey Resident of Village - Sahiba Chak, P.S.- Mirganj, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Bhan Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 395/397 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons came at the shop of the informant and asked to show ring and chain. In consequence thereof, one Sachin Singh took out pistol from his waist and pointed out the same against the informant and his father. Allegedly, firing was also made by the accused persons.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 08-07-2018. Charge sheet in this case has already been submitted. The

Patna High Court CR. MISC. No.32678 of 2019(2) dt.17-05-2019 2/2 petitioner has been made accused in the present case due to mistake of fact. There is no recovery of any incriminating article from possession of the petitioner. It has further been submitted that the petitioner may be released after completion of one year in custody.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that after completion of one year in custody, the petitioner, above named, 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 Chief Judicial Magistrate, Siwan in connection with Siwan Muffasil P.S. Case No. 391 of 2018.

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