Uttam Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76223 of 2025 Arising Out of PS. Case No.-248 Year-2015 Thana- KHAIRA District- Jamui ====================================================== Uttam Pandey Son of Awadhesh Pandey Resident of Village - Mangobandar (Pandey Tola), Police Station - Khaira, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-01-2026 Heard Mr. Amrendra Kumar, learned counsel for the petitioner as well as Ms. Renu Kumari, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 28.07.2025 in connection with Khaira P.S. Case No. 248 of 2015, F.I.R. dated 19.11.2015 for the offences punishable under Sections 307/34 of the Indian Penal Code.

3. As per the F.I.R. the informant was called by the petitioner at the main road, where Sanjit Pandey was already there, the petitioner snatched his mobile, whereafter, the informant returned back to his house. On the next day, the petitioner again came to the house of the informant and told him to come with him for taking his mobile and brought him on motorcycle and carried to Jhundo and there with intention to kill

Patna High Court CR. MISC. No.76223 of 2025(3) dt.21-01-2026 2/3 him pressed his neck, as a result, the informant became senseless and later taken to hospital for treatment.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation levelled against the petitioner is false and fabricated. The present case is counter blast of Khaira P.S Case No. 240 of 2015 which was filed by the brother of the co-accused, namely, Sanjit Pandey against the informant and his family members. He further submits that it has come during investigation that the deceased (the informant) died due to other reasons which is recorded in paragraph nos.11, 21 and 22 of the case diary and police after investigation submitted the charge sheet and the petitioner is in custody since 28.07.2025 .

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Jamui in connection with Khaira P.S. Case No. 248 of 2015, subject to the following conditions:-

Patna High Court CR. MISC. No.76223 of 2025(3) dt.21-01-2026 3/3 i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T