Ujjwal Pandey @ Ujjwal Kumar Pandey @ Chhotu Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49047 of 2024 Arising Out of PS. Case No.-106 Year-2024 Thana- MAJORGANJ District- Sitamarhi ====================================================== Ujjwal Pandey @ Ujjwal Kumar Pandey @ Chhotu Pandey S/o Virendra Pandey R/o village Marapa Sirpal PS Mejarganj Distt Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prashant Kumar, Adv.
For the Opposite Party/s :
Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Mejarganj P.S. Case No. 106 of 2024 instituted for the offences under Sections 25(1-B)A, 26, 35 of the Arms Act.
3. As per prosecution case, the accused petitioner has been arrested from the place of occurrence along with other coaccused persons in which as per information disclosed by the co-accused Chhotu Pandey @ Om Prakash Pandey, who was caught from the scene of crime, a country-made pistol and two live bullets have been recovered from his house.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.49047 of 2024(3) dt.20-09-2024 2/3 against him and has falsely been implicated in the present case on suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence or the alleged recovery. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 29.03.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.
5. Learned counsel for the petitioner again submits that the co-accused namely Chhotu Pandey @ Om Prakash Pandey has been granted bail by this Court vide order dated 12.07.2024 passed in Cr. Misc. No. 48538 of 2024.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail
Patna High Court CR. MISC. No.49047 of 2024(3) dt.20-09-2024 3/3 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mejarganj P.S. Case No. 106 of 2024. (Rudra Prakash Mishra, J) rishi/- U T