Munna Pandey @ Krishna Kant Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55000 of 2025 Arising Out of PS. Case No.-143 Year-2025 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Munna Pandey @ Krishna Kant Pandey S/O Late Ganesh Dutt Pandey Resident of Sisauda, P.S- Ramgarh, Dist.- Kaimur (Bhabua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P.N. Shahi, Sr. Adv.

Mr. Amit Anand, Adv.

For the State :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-11-2025 Heard Mr. P.N. Shahi, learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103(1) of the B.N.S. and Section 27 of the Arms Act.

3. The allegation in the first information report is that the dead body of the father of the informant was found lying in the agricultural field with empty cartridges lying on the bed and the suspicion was raised against the petitioner Munna Pandey for the reason that he had threatened the father of the informant around 5 to 6 months back with regard to some financial dispute for leaving the agricultural field.

4. Learned senior counsel for the petitioner submits

Patna High Court CR. MISC. No.55000 of 2025(4) dt.15-11-2025 2/3 that it would be evident from the first information report itself that there is no eye witness to the incident and the suspicion has been raised against the petitioner only on account of a vague suspicion based upon a threatening which was given 5 to 6 months back. It has further been submitted that even during the course of investigation, no substantive material has been collected against the petitioner but for the confessional statement of the petitioner himself before the police which has no evidentiary value and the statement of two independent witnesses recorded in paragraph-50 and 51 of the case diary which also relate to only suspicion based on an earlier dispute.

With regard to the recovery of one magazine from the bed room of the petitioner, learned senior counsel has submitted that it is only the recovery of a magazine and paragraph 22 and 23 of the case diary clearly demonstrate that the pistol earlier possessed by the petitioner was already snatched away by the informant's father and kept with himself which was subsequently produced by the informant. The petitioner is languishing in custody since 16.04.2025 with no criminal antecedent and the charge-sheet has been submitted.

5. Learned APP for the State has opposed the application for bail on the basis of allegation made in the FIR

Patna High Court CR. MISC. No.55000 of 2025(4) dt.15-11-2025 3/3 and also points out to the fact that the petitioner has himself confessed that he had given some money to other miscreants for getting the deceased killed. However, in response it has been submitted that the same is based only on confessional statement before the police, which has no evidentiary value.

6. Taking into consideration the facts and circumstances and also considering that the case is based merely on suspicion on account of a threatening given much earlier and there is no eye witness to the case and the only material being confessional statement before the police which has no evidentiary value, let the above named petitioner, who has no criminal antecedent, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ramgarh P.S. Case No. 143 of 2025.

(Soni Shrivastava, J) devendra/- U T