Patna High CourtCR. MISC./50116/2023bail granted

Sumit Pandey @ Bittu Pandey @ Sumit Kumar v. The State Of Bihar

2023-08-09Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50116 of 2023 Arising Out of PS. Case No.-160 Year-2020 Thana- PANDAUL District- Madhubani ====================================================== Sumit Pandey @ Bittu Pandey @ Sumit Kumar S/O Sushil Pandey R/O Village- Raje Gram Bhaur, Ps. Pandaul, Dist. Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-08-2023 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 Pandual P.S. Case No. 160 of 2020 dated 02.07.2020 registered for the offences punishable u/s 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, one Asarfi Kamat told Anuj Pandey to drive the vehicle properly. After 20-25 minutes the petitioner came to the house of Asarfi Kamat and abused

Patna High Court CR. MISC. No.50116 of 2023(2) dt.09-08-2023 2/2 him and opened fired to terrify. When the police reached there, one empty cartridge was recovered from the spot.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. No one sustained firearms injury. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 22.06.2023

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, Madhubani in in connection with Pandual P.S. Case No. 160 of 2020.

8. The application stands allowed.

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