Jay Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50601 of 2022 Arising Out of PS. Case No.-169 Year-2022 Thana- GUTHANI District- Siwan ====================================================== JAY PANDEY S/O VIJAY PANDEY Resident of Village- Langarpura, P.S.- Mairwa, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh For the Informant/s : Mr. Ravindra Kumar : Mr. Keshav Kumar For the Opposite Party/s :

Mr.Narsingh Tanti : Mr. Sanjay Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-12-2022 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. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 341, 323, 302 and 120B read with 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, the informant's husband and Umesh Tiwary were returning to their house and when they reached near Tekaniya Kuti, the petitioner and the co-accused

Patna High Court CR. MISC. No.50601 of 2022(2) dt.12-12-2022 2/2 persons in connivance with each other attacked on them and the co-accused Vijay Pandey and Abhay Pandey started firing from their pistols on the informant's husband indiscriminately. The Co-accused Arvind Tiwary and Chhote Pandey also fired two shots on the husband of the informant. Thereafter, injured was taken to the Sadar Hospital where the doctor declared him dead. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no allegation of firing against the petitioner. The main allegation is against the co-accused persons. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.06.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, 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, Siwan in connection with Guthani P.S. Case No. 169 of 2022.

The application stands allowed.

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