Patna High CourtCR. MISC./41972/2023bail granted

Chiku Pandey @ Vishal v. The State Of Bihar

2023-07-25Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41972 of 2023 Arising Out of PS. Case No.-296 Year-2021 Thana- GAYA MUFASIL District- Gaya ====================================================== CHIKU PANDEY @ VISHAL SON OF MANOJ DUBEY @ MANOJ PANDEY RESIDENT OF VILLAGE- GANDHI NAGAR MANPUR, PSMUFFASIL, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Gaya Mufassil P.S. Case No. 296 of 2021 dated 29.6.2021 registered for the offence punishable u/s 341, 342, 323, 324, 307, 147, 148, 149, 379 of the Indian Penal Code and u/s 27 of the Arms Act and u/s 3/4 of the Indian Explosive Act.

Patna High Court CR. MISC. No.41972 of 2023(2) dt.25-07-2023 2/3

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant with the butt of pistol and took golden chain from his pocket.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is accused in 7 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 20.1.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Gaya Mufassil P.S. Case No. 296 of 2021 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.41972 of 2023(2) dt.25-07-2023 3/3 cause, the bail bonds of the petitioner are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T