Ajay Pandey @ Chhatanki @ Chhatauti Vs The State… — Murder and Culpable Homicide | Patna HC (2024)

Ajay Pandey @ Chhatanki @ Chhatauti Vs The State… — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Both petitioners released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M., V, Saran at Chapra / concerned Court, in connection with Ekma P.S. Case No. 187 of 2023.

Issue for consideration

Whether petitioners Sanjay Pandey and Ajay Pandey @ Chhatanki @ Chhatauti are entitled to be released on bail in connection with Ekma P.S. Case No. 187 of 2023, registered for offences punishable under Sections 302/34 of the Indian Penal Code.

Court's answer

On the post-mortem report, the court observed that the deceased was in his senses while being taken to the hospital, disclosed no name when asked by the informant, and died in the hospital; there is no material against the petitioners except for suspicion.

Ratio / Principle

Considering the aforesaid facts and circumstances and the submissions of learned counsel for the parties, the court directed that the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M., V, Saran at Chapra / concerned Court, in connection with Ekma P.S. Case No. 187 of 2023.

Detailed headnote1 paragraphs

Bail granted (Sandeep Kumar, J., Patna High Court, order dt. 29-02-2024) to Sanjay Pandey and Ajay Pandey @ Chhatanki @ Chhatauti in connected Criminal Miscellaneous Nos. 78893 and 82171 of 2023 arising from Ekma P.S. Case No. 187 of 2023 (Saran), registered under Sections 302/34 IPC. Basis stated by the court: per the post-mortem report the deceased was in his senses while being taken to hospital, disclosed no name when asked by the informant, and died in hospital; there is no material against the petitioners except suspicion; they were in custody since 24.05.2023 and 03.08.2023 respectively despite the State's opposition. Release ordered on bail bonds of Rs. 10,000/- each with two like-amount sureties to the satisfaction of the A.C.J.M., V, Saran at Chapra / concerned Court. No precedent cited; no impugned prior order referred to.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78893 of 2023

Arising Out of PS. Case No.-187 Year-2023 Thana- EKMA District- Saran

====================================================== Sanjay Pandey Son Of Balbal Pandey Resident Of Village- Bhatauli P.S.Ekma, District- Saran At Chapra

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

with

CRIMINAL MISCELLANEOUS No. 82171 of 2023

Arising Out of PS. Case No.-187 Year-2023 Thana- EKMA District- Saran

====================================================== Ajay Pandey @ Chhatanki @ Chhatauti S/O Balbal Pandey Village- Bhatauli, P.S.-ekma, Dist. Saran At Chapra.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 78893 of 2023) For the Petitioner/s : Mr.Chandra Mohan Jha, Advocate For the State : Mr.Dinesh Singh, APP (In CRIMINAL MISCELLANEOUS No. 82171 of 2023) For the Petitioner/s : Mr.Chandra Mohan Jha, Advocate For the State : Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR

... ... Opposite Party/s

ORAL ORDER

3 29-02-2024

Heard learned counsel for the petitioners and learned

APP for the State.

The petitioners seek bail in connection with Ekma P.S. Case No. 187 of 2023 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

From the post-mortem report, it appears that the

Patna High Court CR. MISC. No.78893 of 2023(3) dt.29-02-2024 2/2

deceased was in his senses while being taken to the hospital and he did not disclose the name of any person on being asked by the informant. He died in the hospital. There is no material against the petitioners except for suspicion. They are in jail since 24.05.2023 and 03.08.2023 respectively.

Learned APP appearing for the State opposes the prayer for regular bail of the petitioners.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., V, Saran at Chapra /concerned Court in connection with Ekma P.S. Case No. 187 of 2023.

(Sandeep Kumar, J)

P. Kumar

U T