Ashok Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56855 of 2023 Arising Out of PS. Case No.-161 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== Ashok Pandey Son Of Late Mahesh Padney Resident Of Vill Mayil Ps Bidupur Dist Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for grant of bail in connection with Bidupur P.S. Case No. 161 of 2020 registered under sections 364, 302 and 34 of the Indian Penal Code.

Prosecution case relates to commission of murder of the informant's son, namely Rajeev Kumar after kidnapping him by the co-accused persons including the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been

Patna High Court CR. MISC. No.56855 of 2023(3) dt.17-10-2023 2/3 implicated in this case. At earlier point of time, the Bhabhi of the petitioner had filed a complaint against the son of the informant. Hence, as a retaliatory measure, the present accusation has been levelled against the petitioner. There is general and omnibus allegation against the petitioner. The petitioner is languishing in judicial custody since 04.05.2023. Similarly situated other co-accused persons have already been granted bail vide order dated 04.08.2023 passed in Cr. Misc. No. 46390 of 2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts aforesaid and the period under custody, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bidupur P.S. Case No. 161 of 2020 on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.56855 of 2023(3) dt.17-10-2023 3/3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Shageer/- U T