Vishal Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68118 of 2023 Arising Out of PS. Case No.-444 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Vishal Pandey Son Of Mr. Rajesh Pandey Resident Of Village- Bakhri Tarma, Ps- Ahiyapur, Distt- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 394 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the allegation against three unknown miscreants is that they boarded on a pulsar motorcycle motorcycle came at the grocery shop of the informant's nephew namely Nilesh Raj and shot him and also looted Rs. 1.5 lacs cash and two mobiles. It is further alleged that during course of treatment his nephew was declared dead.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. The petitioner is not named in the F.I.R. which has been lodged against three

Patna High Court CR. MISC. No.68118 of 2023(3) dt.08-01-2024 2/2 unknown persons. During investigation, the name of the petitioner has surfaced on the basis of his confessional statement and spy and the fact came into light that petitioner was present at the time of occurrence but there is no specific overt act of murder of the informant's nephew against the petitioner. No consistent and cogent evidence against the petitioner which show his complicity in the alleged occurrence. Petitioner is languishing in judicial custody since 21.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffapur in connection with Ahiyapur P.S. Case No.444 of 2023.

(Sunil Kumar Panwar, J) lata/- U T