Patna High CourtCR. MISC./75391/2025bail granted

Aditya Kumar Pandey @ Rishu Pandey @ Aditya Pandey v. The State Of Bihar

2026-01-16Mr. Justice Sandeep Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75391 of 2025 Arising Out of PS. Case No.-502 Year-2023 Thana- SIWAN CITY District- Siwan ====================================================== Aditya Kumar Pandey @ Rishu Pandey @ Aditya Pandey S/o Vidhashankar Pandey @ Munna Pandey R/o Village - Dhamaikhor, P.S _ Asanwa, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prince Kumar Mishra For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-01-2026 Heard the learned counsel for the petitioner and the learned APP for the State.

2. This is the 2nd attempt of the petitioner for regular bail in connection with Siwan Town P.S. Case No. 502 of 2023 registered for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act, Sections 8, 20(b)(ii)(b) and 22 of the NDPS Act.

3. Earlier the bail application of the petitioner was allowed on 14.08.2024 in Cr. Misc. No. 55740 of 2024, which reads thus:- Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Siwan Town P.S. Case No. 502/2023 registered for the offence punishable under Sections 25(1-b)a, 26/35 of the Arms Act and Sections 8/20(b) (ii) (b), 22 of the NDPS

2/4 Act.

3. One countrymade pistol and two live cartridges as well as 1.5 Kgs. of Ganja have been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He further submits that the petitioner has no concern with the alleged recovery. He further submits that the petitioner is not an accused in any similar case. The petitioner is in jail since 28.08.2022 and remanded in this case on 27.09.2023.

5. Considering the period of custody, let the petitioner above named 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 learned Sessions Judge, Siwan/ concerned court in connection with Siwan Town P.S. Case No. 502/2023.

6. The petitioner is directed to mark his attendance in Asaon police station on every Sunday of the month. Failure to do so, will result in cancellation of bail bond of the petitioner.

7. The Sessions Judge, Siwan is directed verify the antecedent of the petitioner. If the petitioner is found to be involved in the similar nature of cases, his bail bonds shall not be accepted.

4. Though, earlier vide order dated 14.08.2024 passed in Cr. Misc. No. 55740 of 2024, the petitioner was granted bail by this Court. While granting bail, as the petitioner had claimed clean antecedent, this Court had directed the Court below to verify the criminal antecedents of the petitioner at the time of

3/4 accepting the bail bonds and on verification, the petitioner was found to be involved in another case under NDPS Act and therefore, the bail bonds of the petitioner was not accepted.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

7. Accordingly, 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 District and Additional Sessions Judge-1st-cum-Special Judge, Siwan/concerned Court below in connection with Siwan Town P.S. Case No. 502 of 2023 subject to condition that:- (i). The petitioner will mark his attendance at the Asanwa Police Station on every Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner;

(ii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in the trial shall result in cancellation of the bail bond

4/4 of the petitioner.

(Sandeep Kumar, J) Shishir/- U T