Abhishek Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41812 of 2019 Arising Out of PS. Case No.-29 Year-2018 Thana- ARA RAIL P.S. District- Bhojpur ====================================================== ABHISHEK PANDEY Son of Sheoyogi Pandey Resident of Village - Paharpur, P.S.- Bihiya, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Jee Mishra For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302, 120(B)/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution allegation in short is that the accused persons killed the husband of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.3.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confession of coaccused. There is no eye witness to the alleged occurrence.

Patna High Court CR. MISC. No.41812 of 2019(2) dt.11-07-2019 2/2 On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Railway, Bhojpur at Ara in connection with Ara Rail P.S. Case No. 29/2018.

(Sudhir Singh, J) Pankaj/- U T