Vicky Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52793 of 2025 Arising Out of PS. Case No.-594 Year-2022 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Vicky Pandey, S/o Paras Nath Pandey @ Paras Pandey, R/o vill- Dharampur Bandey, P.S.- Sahpur Patory, Distt.- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amresh Kumar Sinha, Advocate For the State :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Shahpur Patori P.S. Case No. 594 of 2022 dated 14.12.2022, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 302, 504, 506 read with 120B of Indian Penal Code.
3. As per allegation, the petitioner and seven other coaccused have assaulted the husband of the informant by lathi, brick and khanti, leading to death of the victim.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that allegation has been made on account of previous enmity. He further submits that as per the postmortem report, the death of the alleged victim has been
Patna High Court CR. MISC. No.52793 of 2025(2) dt.11-08-2025 2/3 caused on account of cardiological reason and not due to any injury received on account of the alleged occurrence. He further submits that similarly situated co-accused persons have already been enlarged on anticipatory bail or regular bail by coordinate Benches of this Court.
5. He further submits that the petitioner has been languishing in jail since 24.05.2025.
6. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has nine criminal antecedents.
7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.
9. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below in connection with Shahpur Patori P.S. Case No. 594 of 2022 on the following conditions:
(i) The petitioner will make himself available for
Patna High Court CR. MISC. No.52793 of 2025(2) dt.11-08-2025 3/3 interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) shoaib/- U T