Patna High CourtCR. MISC./79028/2019bail granted

Ajay Pandey v. The State Of Bihar

2020-05-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79028 of 2019 Arising Out of PS. Case No.-181 Year-2014 Thana- JANDAHA District- Vaishali ====================================================== AJAY PANDEY Son of Yogi Pandey Resident of Village - Adampur, P.S.- Goraul, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-05-2020 Heard both sides.

Petitioner seeks bail in Jandaha P.S. Case No.181 of 2014 registered under Section 395 of the IPC. The informant (driver of the vehicle) lodged the case that the dacoits looted away the vehicle and articles loaded on the vehicle.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. The name of the petitioner figured in the case in the confessional statement of Md. Aslam Rizbi. Save and except the confessional statement of co-accused Md. Aslam Rizbi, the Investigating Officer did not collect any further evidence. The petitioner was not even put on T.I.P. Similarly situated co-accused Mithilesh Singh has already been granted bail by learned 3rd Additional Sessions Judge vide order

Patna High Court CR. MISC. No.79028 of 2019(3) dt.28-05-2020 2/2 passed in B.P. No.275 of 2015.

Learned A.P.P. however opposed the prayer for bail of the petitioner and submitted that the petitioner has got criminal antecedent.

It appears that save and except the confessional statement of co-accused, there is no tangible material to show the involvement of the petitioner.

Having considered the facts aforesaid, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Vaishali at Hajipur in connection with Jandaha P.S. Case No.181 of 2014.

(Prabhat Kumar Jha, J) Harish/- U T