Patna High CourtCR. MISC./71446/2023bail granted

Nagendra Pandey v. The State Of Bihar

2023-11-07Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71446 of 2023 Arising Out of PS. Case No.-172 Year-2022 Thana- DAWATH District- Rohtas ====================================================== Nagendra Pandey Son Of Late Shivdani Pandey Resident Of Village - Dewadhi, P.S. - Dawath, District - Rohtas, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar Dubey, Advocate Mr. Shadwal Harsh, Advocate For the State :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and Ms. Meena Singh, learned APP for the State.

2. The petitioner seeks bail in connection with Dawath P.S. Case No. 172 of 2022 registered for the offence punishable under Sections 147, 148, 149, 341, 323 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner is said to have assaulted the victim.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that no offence as alleged in the FIR is made out against the petitioner. The petitioner is in jail since 28.08.2023. Though, the petitioner is said to have shot at

Patna High Court CR. MISC. No.71446 of 2023(2) dt.07-11-2023 2/2 the victim but similarly situated co-accused namely Gurarhu Panday on whom there is specific allegation of firing has already been granted bail by the Court below.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Dawath P.S. Case No. 172 of 2022.

(Sandeep Kumar, J) P. Kumar U T