Dhanjjee Pandey @ Dhananjay Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56354 of 2022 Arising Out of PS. Case No.-998 Year-2017 Thana- SASARAM NAGAR District- Rohtas ====================================================== Dhanjjee Pandey @ Dhananjay Pandey S/O Ram Narayan Pandey R/O Village- Karup, P.S.- Kargahar, District- Rohtas At Sasaram, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gautam Kumar Yadav For the Opposite Party/s :
Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in connection with Sasaram (Modal) P.S. Case No. 998 of 2017 registered for the offence punishable under sections 448, 307/34 of the Indian Penal Code and 27 of the Arms Act.
As per allegation in the FIR, when he was sitting in his compound with his family members, in the meantime, 6-7 unknown miscreants came there and started firing indiscriminately. As a result of which, informant's son sustained gun shot injury on his left thigh and he became unconscious. It is further alleged that their intentions were to murder his son.
Patna High Court CR. MISC. No.56354 of 2022(2) dt.16-02-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is committed no offence and has falsely been implicated in the present case. Neither the petitioner is named in FIR nor any incriminating article has been recovered from his conscious possession. The name of the petitioner has transpired in this case on the basis of confessional statement of co-accused namely, Atul Anurag Mishra who is already getting the privilege of the bail granted by a coordinate Bench of this Court vide order dated 20.9.2017 in Cr. Misc. No. 45731 of 2017 which is mentioned vide Annexure-2 series. Except this, nothing consistent material came against the petitioner. Moreover, the petitioner is in custody since 15.02.2021.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Addl. CJM-2, Sasaram at Rohtas in connection with Sasaram
Patna High Court CR. MISC. No.56354 of 2022(2) dt.16-02-2023 3/3 (Modal) P.S. Case No. 998 of 2017.
(Sunil Kumar Panwar, J) aman/manish U T