Abhishek Kumar Pandey @ Abhishek Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39308 of 2022 Arising Out of PS. Case No.-51 Year-2022 Thana- SISWAN District- Siwan ====================================================== Abhishek Kumar Pandey @ Abhishek Pandey Son Of Bageshwar Nath Pandey Resident Of Village - Ramgarh, P.S.- Siswan (Chainpur O.P.), District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anju Kumari @ Anju Narain For the Opposite Party/s :

Mr.Ajit Kumar Mr. Ajay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 307, 34, 120B of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case, in short is that on demand of share of offerings by the informant, the petitioner and others under a conspiracy, directed some miscreant to fire upon informant. On such instruction, he was fired upon by the named accused

Patna High Court CR. MISC. No.39308 of 2022(2) dt.15-11-2022 2/3 persons, due to which he got injured.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is a dispute regarding the share of offerings in a temple. No incriminating article has been recovered from the possession of the petitioner. He submits that similarly situated co-accused has already been granted bail by this Court vide order dated 28.09.2022 passed in Cr. Misc. No. 36533 of 2022. He further submits that petitioner has five criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Siswan (Chainpur O.P.) P.S. Case No. 51 of

Patna High Court CR. MISC. No.39308 of 2022(2) dt.15-11-2022 3/3 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T