Patna High CourtCR. MISC./52941/2021bail granted

Bipin Pandey @ Mritunjay Pandey v. The State Of Bihar

2022-01-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52941 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- SONEPUR District- Saran ====================================================== Bipin Pandey @ Mritunjay Pandey Son of Shivpurjan Pandey Resident of Village - Sultanpur, P.S.- Derni, Distt.- Saran (Chapra) ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Mukesh Kumar Singh, Advocate For the Opposite Party :

Mr.Uday Pratap Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-01-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code.

As per the prosecution case, 5-6 miscreants riding on a Safari car intercepted the informant and on the point of gun looted cash and pick up van loaded with 65 she goats. Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the confessional statement of co-accused, Suraj Kumar Rai, who was apprehended with vehicle used in the aforesaid crime. Save and except confessional statement there is no other material on record to show the complicity of this petitioner in the aforesaid crime. Petitioner is neither the owner nor the driver of the

Patna High Court CR. MISC. No.52941 of 2021(2) dt.27-01-2022 2/2 vehicle in question. No incriminating article has been recovered from the possession of the petitioner and till date the petitioner has not been put on Test Identification Parade. Petitioner claims clean antecedent and is in custody since 22.5.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Saran at Chapra in connection with Sonepur PS case No.18/2021/UT No. 51 of 2021.

(Prabhat Kumar Singh, J) Shashi U T