Ayush Pandey @ Aayush Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45508 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== Ayush Pandey @ Aayush Pandey Son Of Pappu Pandey Resident Of Village - Khardeur Mahna, P.S.- Chanpatia, District - West Champaran At Bettiah. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.
3. Allegation against two miscreants is that they intercepted the informant and looted his motorcycle on the point of knife.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case
Patna High Court CR. MISC. No.45508 of 2023(3) dt.18-12-2023 2/3 during the course of investigation and also he has not been put on TIP. It is further submitted from para-6 of this petition that the petitioner has been remanded in this case on 04.03.2023 from Chanpatia (Kumarbagh O.P.) Police Station Case No. 103 of 2023, lodged against the petitioner along with one coaccused person under Section 307 and other allied sections of IPC, wherein he had allegedly been assigned a role of pillion rider of a Hero Honda Splendour motorcycle which is looted one of this case. He has no knowledge about the said vehicle which was looted one. Moreover, he is languishing in judicial custody since 04.03.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge if the charge is not framed in connection with Chanpatia(Kumarbagah O.P.) P.S. Case No. 102 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.45508 of 2023(3) dt.18-12-2023 3/3 Magistrate, Bettiah, West Champaran.
(Sunil Kumar Panwar, J) Shubham/- U T