Niranjan Pandit @ Niranjan Pande v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68978 of 2022 Arising Out of PS. Case No.-276 Year-2022 Thana- HILSA District- Nalanda ====================================================== Niranjan Pandit @ Niranjan Pande S/O Krishnandan Pandit Resident Of Village- Sewa, P.S.- Gidhour, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 365 of the Indian Penal Code, subsequently Sections 364(A), 302, 201, 377/34 of the Indian Penal Code was also added.

It is alleged against the petitioner and other coaccused persons that they kidnapped the minor son of the informant and committed unnatural sexual intercourse with him, as a result of which, the victim died subsequently.

Patna High Court CR. MISC. No.68978 of 2022(6) dt.12-09-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Kundan Pandit and Ravinder Pandit which has no evidentiary value in the eye of law. There is no eye witness to the occurrence. The dead body of the victim was not recovered on the identification of the petitioner rather on the identification of other accused persons. During investigation also, no material evidence was collected against the petitioner. The petitioner is languishing in custody since 24.04.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be

Patna High Court CR. MISC. No.68978 of 2022(6) dt.12-09-2023 3/3 released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Hilsa, Nalanda in connection with Hilsa P.S. Case No. 276 of 2022.

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