Prakash Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39801 of 2019 Arising Out of PS. Case No.-392 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== PRAKASH PANDEY, Son of Sri Jitendra Pandey, Resident of Village- Sahiba Chak, Police Station- 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 SANJAY PRIYA ORAL ORDER 3/ 27-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Siwan Muffasil P.S. Case No.392 of 2018 instituted for the offence under Section(s) 25(1b)a, 26, 35 of the Arms Act. Counsel for the petitioner submits that Petitioner is in custody since 08.07.2018. There is no allegation of specific overt act against petitioner.

In the written report, it is alleged that robbery was committed in the shop of Nanhe Jewelers and Bartan Bhandar. The police got information that after committing robbery miscreants injured shopkeeper, Ajay Kumar Verma. Police also got information that mob has caught two criminals. The informant proceeded to place of occurrence and found that on

Patna High Court CR. MISC. No.39801 of 2019(3) dt.27-08-2019 2/2 the alarm raised by shopkeeper, Ajay Kumar Verma, one of the miscreants fired upon him causing injury in his finger. Persons of neighbourhood assembled and caught two persons out of which one was thrashed to death and another was identified as petitioner from whose possession one pistol, one mobile and Adhar card of another person was recovered.

Counsel for the petitioner submits that for the same incident another case i.e. Siwan Muffasil P.S. Case No.391 of 2018 was also registered and charge-sheet has been submitted in that case.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let 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 the Chief Judicial Magistrate, Siwan, in connection with Siwan Muffasil P.S. Case No.392 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T