Amit Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45703 of 2023 Arising Out of PS. Case No.-179 Year-2022 Thana- SISWAN District- Siwan ====================================================== AMIT PANDEY SON OF LATE SITA RAM PANDEY RESIDENT OF VILLAGE- CHANDPUR, PS- SISWAN, DIST- SIWAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, on the alleged date and time of the occurrence, when son of the informant along with his cousin nephew was returning from the college after attending the class, four unknown persons riding on two motorcycles came and shot fire on the head and neck of the son of the informant as a result of which he succumbed to the injuries on the spot.
4. It is submitted that petitioner is not named in the F.I.R. and his name transpired during investigation only on the basis of confessional statement of one Vivek Kumar Chaudhary.
Patna High Court CR. MISC. No.45703 of 2023(3) dt.21-09-2023 2/2 Except confessional statement, there is no other direct or indirect evidence to show the complicity of the petitioner in the aforesaid case. Petitioner has got clean antecedent.
5. Learned A.P.P. for the State vehemently opposes the bail application.
6. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VI, Siwan in connection with Siswan P. S. Case No. 179 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T