Siddharth Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69863 of 2023 Arising Out of PS. Case No.-830 Year-2022 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Siddharth Pandey S/O Bhagwan Pandey Resident Of Prabhunath Nagar, Kamta Sakhi Math, P.S- Chapra Mufassil, Distt.- Saran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Raj, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Chapra Mufassil P.S. Case No. 830 of 2022 registered on 16.11.2022 for the alleged offences under Section 394 of the Indian Penal Code.
3. As per prosecution case, three miscreants intercepted the motorcycle of the informant and they snatched Rs. 8,000/- and a mobile phone from the informant. When the informant opposed their act, one of the miscreants stabbed him in his thigh. The name of the petitioner transpired during investigation as one of the accused persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.69863 of 2023(2) dt.06-11-2023 2/3 case. The name of the petitioner transpired in this case on the basis of confessional statement of co-accused Prince Kumar from whom recovery of looted mobile phone was made. Nothing incriminating has been recovered from the conscious possession of this petitioner. Petitioner is accused in three cases but in the first case he has been acquitted and in the second and third case he was not named but he is on bail in those case. Similarly placed co-accused Suraj Kumar has been granted bail by a Co-ordinate Benches of this Court vide order dated 10.10.2023 passed in Cr. Misc. No. 66827 of 2023. The petitioner is in custody since 05.04.2023 and charge-sheet has been submitted.
5. Learned APP opposes the prayer for bail.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that there is no substantive material to connect the petitioner with the offences as alleged and further considering grant of bail to similarly placed co-accused person and also considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.69863 of 2023(2) dt.06-11-2023 3/3 satisfaction of learned Additional Chief Judicial Magistrate, Saran at Chapra/concerned court in connection with Chapra Mufassil P.S. Case No. 830 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U