Chanchal Pandey @ Chanchan Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61714 of 2024 Arising Out of PS. Case No.-398 Year-2023 Thana- RAMGARHWA District- East Champaran ====================================================== Chanchal Pandey @ Chanchan Pandey son of Late Gena Lal Pandey VillageShripur, Ps- Chhauradano, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhurendra Kumar For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Ramgarhwa P.S. Case No. 398 of 2023 dated 16.10.2023 registered for the offences punishable u/ss 394, 302 and 120B read with 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, when the informant along with his driver and munshi was returning from Muzaffarpur after collecting Rs. 26,70,000/- from the owner of Flour Mill. At about 8:20 P.M., when the informant reached the gate of Shiv Shakti Modern Flour Mill, they found that the gate of the mill was closed. When the driver of the vehicle came out
Patna High Court CR. MISC. No.61714 of 2024(2) dt.12-09-2024 2/3 to open the gate, indiscriminate firing was started from the driver side, due to which the driver and the munshi sustained firearm injuries. In the meantime, the informant fled away from there. Thereafter, 2-3 unknown miscreants fled away after looting the said money from the vehicle. Further, the injured were taken to the hospital and during the course of treatment munshi, Dilip Kumar succumbed to the injuries.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Sushil Mukhiya. The other co-accused persons have already been granted bail by this Court vide order dated 03.05.2024 passed in Cr. Misc. No. 18412/2024. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.02.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. Learned counsel has submitted that the co-accused Sushil Mukhiya has stated the modus operandi as to how the occurrence took place with the
Patna High Court CR. MISC. No.61714 of 2024(2) dt.12-09-2024 3/3 associates.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari, in connection with Ramgarhwa P.S. Case No. 398 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T