Ripu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25148 of 2016 Arising Out of PS.Case No. -215 Year- 2015 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ripu Pandey, Son of Nawal Kisore Pandey, R/o Village- Babhnauli, P.S.- Govindganj District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2016 In the light of the order dated 13.6.2016, a supplementary affidavit has been filed on behalf of the petitioner. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 324, 307 and 34 of the Indian Penal Code. Allegation is while informant was coming from Areraj to his house, petitioner along with other accused persons intercepted him and petitioner and one other co-accused fired shot at him but that did not cause any injury.

It has been submitted on behalf of the petitioner that he is in custody since 20.1.2016. Chargesheet has been submitted against the petitioner. No allegation of tampering of witnesses is alleged against the petitioner. From perusal of the supplementary affidavit it is evident that prior to institution of the present case, the informant had already been examined on 26.3.2014. Hence, the motive alleged is said to be false. No one is said to have been injured in course of the occurrence. Hence, no offence under Section 307 of the Indian Penal Code is made out. On behalf of the State, it is submitted that petitioner is

Patna High Court Cr.Misc. No.25148 of 2016 (3) dt.08-08-2016 2/2 named in the F.I.R.

Considering the aforesaid facts and circumstances, , let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, East Champaran at Motihari, in connection with Govindganj P.S. Case no. 215 of 2015.

(Sudhir Singh, J) sudip/- U T