Dipu Pandey @ Deepu Pandey @ Dipu @ Ashok @ Dipnarayan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48635 of 2025 Arising Out of PS. Case No.-173 Year-2025 Thana- PATNA RAIL P.S. District- Patna ====================================================== Dipu Pandey @ Deepu Pandey @ Dipu @ Ashok @ Dipnarayan Pandey Son of Late Dwarika Pandey Resident of village - Telwa Bazar Ward No.- 3, P.S.- Simultala, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Kumar, Adv For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Patna GRP P.S. Case No. 173 of 2025 registered for the offences under Sections 303(2), 317(2), 317(5), 111 and 112 of the Bharatiya Nyaya Sanhita and Sections 20, 22 and 24 of the NDPS Act.

3. The petitioner is named in the F.I.R. and is in custody since 09.03.2025.

4. The allegation against the petitioner is to work like member of thieves gang and out of suspicion petitioner along with other co-accused persons were apprehended while they were boarding South Bihar

Patna High Court CR. MISC. No.48635 of 2025(2) dt.09-09-2025 2/3 Express on 09.03.2025 after its arrival at platform no. 4 at Patna Railway Junction.

5. Learned counsel appearing on behalf of the petitioner submitted that admittedly as per FIR petitioner was not apprehended with other 7-8 coaccused persons who were in group. It is pointed out that he was apprehended single and was not found with any incriminating material, rather recovered articles such as cash and jewelry belongs to petitioner. It is submitted that no complaint was even received from any of the passengers of train regarding any occurrence and mere on the basis of suspicion petitioner was apprehended with the present occurrence. While concluding the argument it is submitted that, petitioner is a man of clean antecedent and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of aforesaid factual submission and by taking note of fact as prima-facie nothing transpires during the course of investigation, as to connect this petitioner with the recovered items being stolen and

Patna High Court CR. MISC. No.48635 of 2025(2) dt.09-09-2025 3/3 further to establish prima-facie as to work like a member of thieves gang, coupled with the fact as petitioner remains in custody since 09.03.2025, being a man of clean antecedent, accordingly above named petitioner, is directed to be released on bail in connection with Patna GRP P.S. Case No. 173 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge (NDPS), Patna/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T