Single applicant order allowing bail to petitioner Baski Pandey in a criminal case involving disappearance/death of two persons. Petitioner to surrender bonds and provide sureties.
Petitioner Baski Pandey directed to be released on bail by furnishing a bond of Rs.10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22732 of 2014
Arising Out of PS.Case No. -424 Year- 2013 Thana -SAHARSA District- SAHARSA
====================================================== BASKI PANDEY @ AMIT PANDEY SON OF NARESH PANDEY RESIDENT OF BHERDHARI, POLICE STATION AND DISTRICTSAHARSA.
.... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance: For the Petitioner/s : Mr. Rama Kant Jha, Adv. For the State : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
3 06-08-2014 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Informant, Ramdeo Yadav who himself is not an eyewitness had filed written report disclosing therein that on 16.08.2013 at 08:00 P.M his son Vishnu Prabhakar @ Yugal Kishore Yadav proceeded from his house along with Kamlesh Yadav, Ramchandra Yadav, Kishore Sharma, Madan Sharma, Umesh Sah and did not return. On following morning he was informed regarding presence of dead body within the boundary of one Jhaji at Begha whereupon had gone there and found the dead body that of his son Vishnu Prabhakar @ Yugal Kishore Yadav as well as Shambhu Sah.
Contention on behalf of the petitioner is that none is an eyewitness to occurrence. None had
Patna High Court Cr.Misc. No.22732 of 2014 (3) dt.06-08-2014
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identified the petitioner during course of assault nor any of the eyewitness had disclosed registration number of the vehicle which was perceived near about place of occurrence. It has further been submitted that from para-108 of the case diary, it is evident that Babloo, an owner of a vehicle had disclosed regarding the petitioner to have hired the vehicle and at that moment Guddu was the driver. It is also evident from para-135 of the case diary that police had recorded inculpatory extra judicial confessional statement of petitioner and to justify his complicity had brought the theme of deposit of Rs.65,000/- on 17.08.2013, just following day and on account thereof, is under custody since 12.11.2013. It has also been submitted that co-accused Guddu had already been granted bail vide Cr. Misc. No.18185 of 2014.
On the other hand, the learned Additional Public Prosecutor opposed the prayer and submitted that thought the prosecution case is deficient of direct evidence however is found fully supported with the circumstantial evidence that too, having the inculpatory confessional statement of Guddu as well as petitioner.
Patna High Court Cr.Misc. No.22732 of 2014 (3) dt.06-08-2014 3
Accordingly, petitioner Baski Pandey @ Amit Pandey is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No.424 of 2013. (Aditya Kumar Trivedi, J.)
PN/U T
2 issues framed by the court
Whether petitioner Baski Pandey be granted bail in the present criminal proceeding.
Whether the balance of convenience favors granting bail in absence of eyewitness testimony but presence of confessional statements.
Baski Pandey @ Amit Pandey
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
