Ashok Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13922 of 2021 Arising Out of PS. Case No.-441 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== ASHOK PANDIT Son of Chandradeo Pandit Resident of Village - Lagauli, Tilrath, P.S.- Brauni, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Maharaj For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302/ 34 and other ancillary sections of the Indian Penal Code. As per the prosecution case, petitioner and one other person went to the house of the informant and called informant's husband. Thereafter informant's husband went somewhere with them. Informant suspects that the petitioner and other accused persons killed her husband. Learned counsel for the petitioner submits that there is no eye witness of the occurrence and at best petitioner can be

Patna High Court CR. MISC. No.13922 of 2021(3) dt.12-07-2021 2/3 said to be last seen with the victim. No incriminating material has been collected against the petitioner during course of the investigation. Petitioner claims clean antecedent and he is in custody since 3.9.2020.

Considering the rival submissions of the parties, materials available on the record and the fact that no incriminating material has been collected against the petitioner during course of investigation and he has got clean antecedent, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in Begusarai Mufassil Singhaul Police Station Case No. 441 of 2020 on the following conditions:-

(1) 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.13922 of 2021(3) dt.12-07-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T