Abhishek Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65088 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- Jaitpur District- Muzaffarpur ====================================================== Abhishek Pandey Son of Mr. Sanjit Kumar Pandey R/O Village- Jafarpur Fulwariya, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate Mr. Ritwik Thakur, Advocate Ms. Kajal, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Jaitpur P.S. Case No. 36 of 2025 registered on 05.03.2025 for the offences under Sections 103(1) and 61(2) of the BNS.
3. As per prosecution case, father of the informant was shot dead by unknown persons. The name of the petitioner transpired during investigation for being involved in the said occurrence.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The name of the petitioner
Patna High Court CR. MISC. No.65088 of 2025(2) dt.18-09-2025 2/3 transpired in this case on the basis of confessional statement of co-accused persons Vivek Kumar, Dilkhush Kumar and Vishal Kumar and except for this confessional statement there is no other material against the petitioner to connect him with the offence as alleged. Though those statements are completely false and concocted but even in the said statements petitioner has not been shown as an assailant of the deceased. Even the confessional statement of this petitioner was recorded after his arrest in Sadar P.S. Case No. 220 of 2025. Learned counsel further submits that during entire investigation no motive has been shown against the petitioner or any other person to have caused the death of the deceased. Petitioner is having antecedent of 2 cases. Petitioner is in custody since 25.06.2025 and chargesheet has been submitted.
5. Learned A.P.P. opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the lack of substantive material to show the complicity of the petitioner in the offence as alleged and also considering the period of custody of the petitioner and submission of chargesheet, the petitioner above named is directed to be released on
Patna High Court CR. MISC. No.65088 of 2025(2) dt.18-09-2025 3/3 bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Muzaffarpur (West)/concerned court in connection with Jaitpur P.S. Case No. 36 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T