Piyush Pandey @ Piyush Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 143 of 2020 Arising Out of PS. Case No.-31 Year-2019 Thana- THAWE District- Gopalganj ====================================================== Piyush Pandey @ Piyush Kumar Pandey, aged about 19 years, Gender, Male, S/o Nagendra Pandey, Resident of Village- Siswaniya, P.S.- Uchkagaon, DistGopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar, Advocate For the Opposite Party/s :
Mrs.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Thawe P.S. Case No. 31 of 2019 registered for the offence punishable under Section 414/34 of the Indian Penal Code. On 28.02.2019 at 8.10 A.M., the informant lodged an information with Thawe Police Station stating that on previous night he along with other police personnel was on patrolling at 11.30 P.M. the Officer in-Charge informed that three persons riding on black colour Passion Motorcycle were going towards Gopalganj Vhiya Mirganj. He asked the informant to stop aforesaid motorcycle. The informant started checking of the vehicle at Thawe D.A.V. School. He saw that three persons
Patna High Court CR. MISC. No. 143 of 2020(2) dt.24-02-2020 2/3 riding a motorcycle were coming from the side of Gopalganj. He gave signal tham to stop. But they tried to fly away police chase them. Then after said person stated to fleeing away living the motorcycle. Police caught one of them who disclosed his name as Bacha Babu Yadav. On search, one Mobile having SIM card was recovered from his possession. He did not produce any paper of the said Mobile or motorcycle bearing Registration No.29Q4128. He disclosed the name of escape person as Vishal Yadav and Piyush Pandey.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that on the basis of confessional statement of co-accused, the petitioner was made accused in the present case. He further submits that there is nothing on the record to show that seizure mobile and motorcycle are stolen property or submit to any criminal case. He further submits that on the basis of confessional statement of co-accused before the police except the confessional statement of co-accused, there is nothing against the petitioner. Learned counsel for the petitioner further submits that the petitioner has no any criminal antecedent.
In the facts and circumstances of the case, let the
Patna High Court CR. MISC. No. 143 of 2020(2) dt.24-02-2020 3/3 above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Gopalganj in connection with Thawe P.S. Case No. 31 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Nasimul/- U T