Patna High CourtCR. MISC./44220/2023bail granted

Nitesh Pandey @ Bechu Pandey v. The State Of Bihar

2023-07-26Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44220 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== NITESH PANDEY @ BECHU PANDEY S/O BHUPENDRA PANDEY @ BHUPINDRA PANDEY @ BHUTKUN PANDEY R/O VILLAGEFATEHPUR, PS. JOGAPATTI, DIST. WEST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-07-2023

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 Yogapatti P.S. Case No. 93 of 2023 dated 7.3.2023 registered for the offence punishable u/s 413, 414, 399, 402 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

4. As per the prosecution case, one country made pistol and one live cartridge are alleged to have recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.44220 of 2023(2) dt.26-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case for ulterior motive. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 7.3.2023.

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, Bettiah, West Champaran in connection with Yogapatti P.S. Case No. 93 of 2023.

8. The application stands allowed.

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