Abhishek Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12846 of 2018 Arising Out of PS. Case No.-379 Year-2017 Thana- BIHIYA District- Bhojpur ====================================================== Abhishek Pandey, S/o Sheoyogi Pandey, R/o Village- Paharpur, P.S.- Bihiya, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Jee Mishra For the Opposite Party/s :

Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Bihiya P.S. Case No. 379 of 2017 registered under Sections 341, 323, 324, 307, 386, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner along with other accused persons are said to have resorted firing upon the husband of the informant over refusal to lend money to them, who subsequently succumbed to his injury.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in the case merely due to group

Patna High Court Cr.Misc. No.12846 of 2018(3) dt.04-04-2018 2/2 rivalry between the two villages. He does not happen to be assailant of the deceased as the brother-in-law and son of the deceased have divulged that on the order of the petitioner and other co-accused, Avinash Pandey resorted firing upon the deceased. The aforesaid allegation of giving order levelled against the petitioner is not specific rather general and omnibus. He has no criminal antecedent. He has been languishing in custody since 25.11.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 A.C.J.M. Vth, Bhojpur, Ara in connection with Bihiya P.S. Case No. 379 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T