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Patna High CourtCR. MISC./63091/2023allowed

Krishna Das Pandey@ Pappu Pandey v. The State Of Bihar

2023-10-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63091 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- SARE District- Nalanda ====================================================== Krishna Das Pandey@ Pappu Pandey Son Of Jaykant Pandey Resident Of Village- Amawan, Ps- Bind, Distt- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar No.1, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 342 & 307 of the Indian Penal Code and 25(1-b) a/26/35/27 of the Arms Act.

3. Allegation on the petitioner he along with 15-20 other co-accused persons entered into bus of the informant and started firing.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Occurrence took place due to keeping of luggage in the bus. It is also submitted one country-made pistol and one live cartridge have been

Patna High Court CR. MISC. No.63091 of 2023(2) dt.19-10-2023 2/2 recovered from other co-accused. There is no injury caused by the petitioner to any bus staff it is clear in the impugned order itself. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, since, no injury is found caused by the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sare P.S. Case No. 89 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) annpurna/- U T