Ashok Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67769 of 2021 Arising Out of PS. Case No.-69 Year-2020 Thana- BADHAILA District- Rohtas ====================================================== ASHOK PANDEY Son of Kanhaiya Pandey Resident of Village- Baghaila, P.S.- Baghaila, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwari, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-04-2022 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 307 and 120B of the Indian Penal Code and section 27 of the Arms Act As per the prosecution case, it is stated by the informant that his injured son informed him about having been shot by Jagarnath Paswan. It is further stated that the cause of occurrence is that the petitioner had an altercation with the son of the informant and soon thereafter, Jagarnath Paswan who stays in the company of the petitioner committed the crime. It is submitted by learned counsel for the petitioner that from the FIR itself it is clearly evident that it was Jagarnath Paswan who is the assailant and not the petitioner. The
Patna High Court CR. MISC. No.67769 of 2021(2) dt.29-04-2022 2/2 petitioner is in custody since 12.11.2020 and has no criminal antecedent.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the allegation of having shot the son of the informant being on Jagarnath Paswan together with the petitioner having remained in custody for 1 year 5 months, the Court directs the petitioner to be enlarged on bail in connection with Baghaila P.S. Case no. 69 of 2020 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 1st Class Judicial Magistrate, Rohtas at Sasaram.
(Partha Sarthy, J) Prakash/- U