Vishal Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36139 of 2020 Arising Out of PS. Case No.-168 Year-2019 Thana- KATEYA District- Gopalganj ====================================================== VISHAL PANDEY son of late Dhamala Pandey Resident of Village- Lohati, Police Station- Kateya, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Pravesh Nath Tiwari, Adv.

For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Sri Murli Dhar. The petitioner seeks regular bail in connection with Kateya P.S. Case No. 168 of 2019, registered for the offence punishable under Sections 457and 380 of the Indian Penal Code. The allegation is regarding unknown miscreants having committed theft in the house of the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing

Patna High Court CR. MISC. No.36139 of 2020(2) dt.27-01-2021 2/3 in custody since 14.03.2020. The learned counsel for the petitioner has further submitted that neither any looted articles have been recovered from the possession of the petitioner nor any Test Identification Parade has been held so as to connect the petitioner with the alleged crime and he has been falsely roped in the present case on suspicion upon confessional statement having been made by the co-accused person, namely, Parwej Ansari, who has already been granted bail by a coordinate Bench of this Court.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that neither any looted articles have been recovered from the possession of the petitioner nor any Test Identification Parade has been held so as to connect the petitioner with the alleged crime, I

Patna High Court CR. MISC. No.36139 of 2020(2) dt.27-01-2021 3/3 deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 168 of 2019.

(Mohit Kumar Shah, J) Ajay/- U T