Niraj Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13452 of 2017 Arising Out of PS.Case No. -352 Year- 2016 Thana -BARHARA District- BHOJPUR ======================================================
1. Niraj Pandey, Son of Sri Ramanuj Pandey, Resident of village - Gyanpur Semariya, P.S. Sinha OP. ( Barahana P.S. ), District - Bhojpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Mishra, Advocate aDCOX For the Opposite Party/s : Mr.Rajeev Nayan, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-06-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in jail since 28.11.2016 in a case registered for offences punishable under Sections 307/326 and 326 (A)of the Indian Penal Code.
The prosecution case is that the petitioner threw one bottle of acid on the body of the informant Monu Pandey @ Aditya Anand as a result of which he received burn injury on the face, eyes, ear, neck, chest and other parts of the body. It has been submitted by the learned counsel for the petitioner that he is innocent and no eye witness was present at the place of occurrence and the petitioner, who is a student of B.A., has been falsely
Patna High Court Cr.Misc. No.13452 of 2017 (5) dt.20-06-2017 2/2 implicated in this case due to previous enmity, grudge and dirty politics. He further submits that charge sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.
However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstance of the case and materials on record , let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each the to the satisfaction of learned Chief Judicial Magistrate, Bhojpur in connection with Barahara P.S. Case No. 352 of 2016, subject to the condition that the petitioner is directed to appear before the learned Court below on each and every date and failure to appear before the Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bond.
(Nilu Agrawal, J) Sudha/- U T