Shivam Pandey @ Shivam Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85371 of 2023 Arising Out of PS. Case No.-337 Year-2023 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Shivam Pandey @ Shivam Kumar Pandey Son Of Shambhu Pandey @ Shambhu Kumar Pandey Resident Of Village - Laheryaganj, Bubna Udyan, Ward No.1, P.S. - Madhubani (Town), District - Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Navjot Yeshu For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 504 of the Indian Penal Code and Sections 25(1-b)a, 26, of the Arms Act.

3. As per FIR, the petitioner was apprehended on the spot along with others while they were assaulting one Sujit Das, thereafter the petitioner was apprehended on the spot and on search one country made pistol was recovered from his possession.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.85371 of 2023(2) dt.10-01-2024 2/2 committed no offence. The victim is tenent in the house of the petitioner and due to previous dispute the petitioner has falsely been implicated in this present. The petitioner has no concern with the alleged recovery rather he has been made accused in this case. There is no indipendent witness of the alleged occurrence. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 05.10.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhubani Nagar P.S. Case No. 337 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani. (Sunil Kumar Panwar, J) Manishkr/- U T