Chandan Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66099 of 2021 Arising Out of PS. Case No.-74 Year-2019 Thana- GANGABRIDGE District- Vaishali ====================================================== CHANDAN KUMAR PANDIT S/o- LATE RAM LAGAN PANDIT Resident of Village- Dharampur, P.S.- Bidupur, District- Vaishali at Hajipur (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-06-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 120B of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that the five named accused persons including the petitioner herein as also one Deepak Kumar Das entered into a criminal conspiracy and took away the son of the informant who was carrying Rs.10,000/ with him. The informant's son did not return. The next morning his dead body was discovered. The informant states that he is convinced that the accused persons have a hand in his killing.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The suspicion raised by the informant in the F.I.R. are unfounded

Patna High Court CR. MISC. No.66099 of 2021(3) dt.08-06-2022 2/2 and unsubstantiated. No material has transpired in course of investigation to connect the petitioner with the alleged crime. There are no eye witness to the occurrence. The case of the petitioner stands on a similar footing to that of co-accused Deepak Kumar Das who has been enlarged on bail vide order dated 30.6.2021 (Annexure-2). The petitioner is in custody since 12.7.2021 and investigation in the case has concluded. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation made in the F.I.R., the material that has transpired in course of investigation, grant of bail to co-accused Deepak Kumar Das, the petitioner having remained in custody for more than 10 months and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Ganga Bridge P.S. Case no.74 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Partha Sarthy, J) Saurabh/- U T