Vicky Pandey @ Sanjay Pandey And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72374 of 2019 Arising Out of PS. Case No.-174 Year-2019 Thana- AGAMKUAN District- Patna ====================================================== 1.
Vicky Pandey @ Sanjay Pandey, Son of Ganesh Pandey Resident of Village - Hathyakand Sarai, P.S.- Maner, Distt.- Patna, At Present Gandhi Chowk, Gandhi Marti, Sudhitola Gali, P.S.- Pirbahore, Distt.- Patna (Renter of Vijay Kumar House).
2.
Chhotu @ Prince Son of Sunil Prasad @ Sunil Kumar Resident of Village - Chaudhary Tola , Petrol Pump, Azad Lane, P.S.- Sultanganj, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rudal Singh For the Opposite Party/s :
Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-03-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in connection with S.T. No. 838 of 2019, arising out of Agamkuan P.S. Case No. 174 of 2019, registered under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
The accusation is that informant Kaushalya Devi along with her daughter in law Mamta Devi were present at vegetable shop situated in front of Suhag Jewelers at Bhutnath Road, Patna, at that time, three miscreants having pistol in their hands entered in the said Suhag Jewelers for robbery, but out of them one of the miscreants was caught hold in the shop,
Patna High Court CR. MISC. No.72374 of 2019(2) dt.05-03-2020 2/3 but two miscreants succeeded to flee away boarding on motorcycle. The apprehended person made three firing out of which one bullet hit to right foot of Mamta Devi, daughter in law of informant, later on, he also succeeded to flee away. Learned counsel for the petitioners submits that it would appear from the F.I.R. that on the basis of the fardbeyan of informant Kausalya Devi, Agamkuan P.S. Case No. 174 of 2019, was instituted under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act against unknown. In course of investigation, Rahul Kumar was apprehended by the Police, who confessed his guilt showing the name of the petitioner in the present case. Thereafter, petitioners were apprehended and remanded in this case on 08.04.
2019 since then, they are in custody. Further submission is that since the petitioners are accused in several cases, as detailed in paragraph No.3, due to that reasons, the Police got implicated the petitioners in the present case showing their involvement in the confessional statement of co-accused.
Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to
Patna High Court CR. MISC. No.72374 of 2019(2) dt.05-03-2020 3/3 the satisfaction of the learned Addl. Sessions Judge-VI, Patnacity, Patna in connection with S.T. No. 838 of 2019, arising out of Agamkuan P.S. Case No. 174 of 2019 with condition that petitioners shall file undertaking to the effect that they will appear in trial Court on each and every date. (Rajendra Kumar Mishra, J) manish/- U T