Atul Bihari Pandey @ Atul Pandey @ Nikhil Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.332 of 2023 Arising Out of PS. Case No.-258 Year-2022 Thana- ARA MUFFSIL District- Bhojpur ====================================================== ATUL BIHARI PANDEY @ ATUL PANDEY @ NIKHIL PANDEY Son of Jitendra Pandey R/v- Semaria, P.S.- Ara Muffasil, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Ara Muffasil P.S. Case No. 258 of 2022 instituted for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, the informant alleged that he got information that something bad has been done with Sailesh Kumar. After taking location of the same, the informant reached at the place of occurrence and found the dead body of the Sailesh Kumar. It is further alleged that some unknown miscreants committed murder of the deceased by shot fire. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. The petitioner

Patna High Court CR. MISC. No.332 of 2023(3) dt.21-04-2023 2/3 is not named in FIR rather he has falsely been implicated in this case on the basis of suspicion. There is no consistent evidence or eye witness has come against the petitioner to show his complicity in the alleged occurrence. The name of the petitioner has surfaced in this case only on the basis of the confessional statement of himself as well as other co-accused persons. Moreover, the petitioner is languishing in judicial custody since 29.8.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that during investigation, this fact came into light that the petitioner and two other coaccused namely, Yash and Sumit kumar fired upon the person of deceased due to which he died. From perusal of case diary, the petitioner vide para-62 and other co-accused Sumit Kumar vide para-55 confessed their guilt in respect of commission of murder of the deceased in their confessional statements. As per postmortem report, doctor opined that the deceased sustained three gun shot injury and cause of death is due to firearm which corroborates the prosecution version. It is further submitted that the petitioner has already got five criminal antecedents. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to

Patna High Court CR. MISC. No.332 of 2023(3) dt.21-04-2023 3/3 enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Amandeep/- U T