Rohit Pandey @ Timsi Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36771 of 2025 Arising Out of PS. Case No.-1038 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== Rohit Pandey @ Timsi Pandey S/O Sri Krishna Deo Pandey R/O VillageJanakpur, PS- Muffasil, district- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate Mr. Ritesh Kumar, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-06-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Mufassil P.S. Case no. 1038 of 2024 registered under sections 103(1) and 3(5) of the Bharatiya Nyay Sanhita, 2023.

3. As per the prosecution case, the informant states that 6-7 accused persons on three motorcycles came variously armed. The informant names Kaushal Singh, Paltan Singh, Alok Singh, Sanjay Manjhi, Vishal and Jitendra Kumar who are said to have resorted to firing leading to death of Amish Kumar who happens to be the nephew of the informant.

4. It is submitted by learned counsel for the petitioner that from the contents of the FIR itself it would

Patna High Court CR. MISC. No.36771 of 2025(2) dt.10-06-2025 2/2 transpire that so far as the accused and assailants are concerned they have been named therein. Referring to the order of the learned trial Court it is submitted that the name of the petitioner transpired in the further statement of the informant to the effect that he was also present. The petitioner is in custody since 8.1.2025 and undertakes to cooperate in the trial/investigation. Chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the material that has transpired in course of investigation as is evident from the order of the learned trial Court together with the petitioner having remained in custody for more than 5 months since 8.1.2025 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Mufassil P.S. Case no. 1038 of 2024 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gaya.

(Partha Sarthy, J) Bibhash/- U T