Rajan Pandey @ Alok Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72635 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- CHANPATIA District- West Champaran ====================================================== Rajan Pandey @ Alok Pandey S/O Krishna Pandey Resident Of VillageKhardaul, P.S- Chanpatiya, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Kishun Prasad, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chanpatiya P.S. Case No. 17 of 2024 instituted for the offence under Sections 386, 387 of the Indian Penal Code and Section 27 of the Arms Act. Earlier vide order dated 02-08-2024 passed in Cr. Misc. No. 42748 of 2024, anticipatory bail of the petitioner was rejected by this Court, taking into account the complicity of the petitioner in the alleged occurrence. 3.

Prosecution case in a nutshell is that some unknown person has demanded ransom to the tune of Rs. 15 lakhs from the informant and in case of non-fulfillment of the same, he threatened to face dire consequences. It is alleged that

Patna High Court CR. MISC. No.72635 of 2024(2) dt.04-10-2024 2/3 on 12-01-2024, firing was made at the shop of the informant by one Shivam Pandey.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13-08-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner transpired on the basis of confessional statement of co-accused, namely, Ladoo Thakur. Nothing has been recovered from the possession of the petitioner. Other co-accused has been granted bail by this Court vide order dated 25-04-2024, passed in Cr. Misc. No. 31615 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner 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 Court below/concerned Court in connection with Chanpatiya

Patna High Court CR. MISC. No.72635 of 2024(2) dt.04-10-2024 3/3 P.S. Case No. 17 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T