Patna High Court
Uttam PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to monetary bond and strict conditions.
Summary
Uttam Pandey was arrested in connection with a 2015 case alleging he snatched a mobile, later kidnapped the informant, and pressed his neck causing death, offences punishable under Sections 307 and 34 of the IPC. He applied for bail, claiming a clean antecedent, false implication, and that the informant's death was due to other reasons. The prosecution opposed bail. The court examined the facts, the seriousness of the charges, and the petitioner's claim of innocence, and decided to grant bail on a cash bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of any concealed criminal antecedent. The bail was granted pending trial.
Issues considered
- Whether bail should be granted in a case involving offences under Sections 307 and 34 IPC.
- Whether the petitioner poses a risk of tampering with evidence or witnesses.
- Whether the petitioner's claim of false implication and clean antecedent warrants bail.
Legislation cited
- Indian Penal Code — s. 307, 34
Subjects
- bail
- attempt to murder
- IPC 307
- IPC 34
- criminal antecedent
- high court
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76223 of 2025
Arising Out of PS. Case No.-248 Year-2015 Thana- KHAIRA District- Jamui
======================================================
Uttam Pandey Son of Awadhesh Pandey Resident of Village - Mangobandar
(Pandey Tola), Police Station - Khaira, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-01-2026 Heard Mr. Amrendra Kumar, learned counsel for
the petitioner as well as Ms. Renu Kumari, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.07.2025 in connection with Khaira P.S. Case No. 248 of
2015, F.I.R. dated 19.11.2015 for the offences punishable under
Sections 307/34 of the Indian Penal Code.
3. As per the F.I.R. the informant was called by the
petitioner at the main road, where Sanjit Pandey was already
there, the petitioner snatched his mobile, whereafter, the
informant returned back to his house. On the next day, the
petitioner again came to the house of the informant and told him
to come with him for taking his mobile and brought him on
motorcycle and carried to Jhundo and there with intention to kill
Patna High Court CR. MISC. No.76223 of 2025(3) dt.21-01-2026
2/3
him pressed his neck, as a result, the informant became
senseless and later taken to hospital for treatment.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. The present case is counter
blast of Khaira P.S Case No. 240 of 2015 which was filed by the
brother of the co-accused, namely, Sanjit Pandey against the
informant and his family members. He further submits that it
has come during investigation that the deceased (the informant)
died due to other reasons which is recorded in paragraph nos.11,
21 and 22 of the case diary and police after investigation
submitted the charge sheet and the petitioner is in custody since
28.07.2025 .
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate-Ist Class, Jamui in connection with Khaira P.S. Case
No. 248 of 2015, subject to the following conditions:-
Patna High Court CR. MISC. No.76223 of 2025(3) dt.21-01-2026
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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