Satish Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9218 of 2015 Arising Out of PS.Case No. -18 Year- 2010 Thana -GOPALGANJ CITY District- GOPALGANJ ======================================================

1. Satish Pandey Son of Ramashish Pandey, resident of village- Naya Gaon, Tulasia, P.s.- Mirganj, District- Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Dikshit For the Opposite Party/s : Mr. Sanjay Kumar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-04-2015 Heard both sides.

The petitioner seeks his bail in Gopalganj P.S.Case No.18 of 2010 (Sessions Trial No.138 of 2011) registered under Sections 302, 34,120B IPC and section 27 of the Arms Act. Ajit Rai, the informant, named Amod Tiwary, Birendra Yadav and Surendra Yadav as accused and alleged that on the order of Amod Tiwary, accused Birendra Yadav and others fired indiscriminately killing his brother Brajesh Rai and Ashok Rai. It is submitted that the petitioner is not named in the F.I.R. The petitioner was in jail at the relevant time and he was remanded in this case on 30.5.2011 and since then he is in jail. Except the confessional statement of one Om Prakash Mishra, there is no other material to show that the petitioner ever conspired.

Considering the facts that the petitioner has already remained in jail for about 5 years, the petitioner, named above, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court Cr.Misc. No.9218 of 2015 (3) dt.24-04-2015 2/2 each to the satisfaction of the Additional Sessions Judge, V, Gopalganj, in connection with Gopalganj P.S.Case No. 18 of 2010l (Sessions Trial No.138 of 2011).

(Prabhat Kumar Jha, J) ahk/- U