Vigyananand Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18806 of 2015 Arising Out of PS.Case No. -323 Year- 2014 Thana -CIVIL LINE District- GAYA ======================================================

1. Vigyananand Pandey, Son of Sri Shaligram Panday, Resident of VillageSalempur, P.S.- Muffasil, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Vishnu @ Buity Panday, Son of Sri Akhilesh Panday, Resident of Village- Salempur, P.S.- Muffasil, District- Gaya. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gaurav Govind For the Opposite Party/s : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-04-2015 Heard both sides.

This application has been filed for cancellation of anticipatory bail granted by this Court to O.P.No.2 Vishnu @ Buity Pandey vide order dated 25.3.2015 passed in Cr.Misc.No.12606 of 2015.

Learned counsel for the petitioner-informant submits that the mobile location of the petitioner was found in and around the place of occurrence and there is material to show that O.P.No.2 was involved in the killing of the deceased. From perusal of the order dated 25.3.2015, I find no substance in the submission of learned counsel for the petitioner as Vishnu @ Buity Pandey O.P.No.2 was not named in the FIR. No suspicion was raised. During the course of investigation, the name of Vishnu @ Buity Pandey transpired but the Investigating Officer did not collect any material to show his involvement in the murder and therefore, O.P.No.2 was granted bail. There was no concealment of facts and hence, I do not find any ground to cancel

Patna High Court Cr.Misc. No.18806 of 2015 (2) dt.29-04-2015 2/2 the bail of O.P.No.2.

Accordingly, this application is dismissed.

(Prabhat Kumar Jha, J) ahk/- U T