Raju Pandey @ Rajesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6079 of 2024 Arising Out of PS. Case No.-403 Year-2022 Thana- BARARI District- Katihar ====================================================== Raju Pandey @ Rajesh Pandey, aged about 41 yeas (Male), Son of Late Brij Bihari Pandey, R/o vill - Pratapganj Jotram Rai, P.S. - Barari, Dist. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Barari P.S. Case No. 403 of 2022 registered for an offence punishable under Sections 147, 148, 149, 341, 323, 307, 302, 201, 364, 386 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution, the present FIR has been lodged against 23 named accused persons.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Two similarly situated co-accused persons have already been granted bail by Co-ordinate Benches of this Court passed in Cr. Misc. Nos.

Patna High Court CR. MISC. No.6079 of 2024(2) dt.01-03-2024 2/3 27410 of 2023 and 50022 of 2023. Petitioner is in custody since 21.08.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and also the fact that similarly situated co-accused persons have been granted bail by different Benches of this Court, let the above named petitioner 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 learned ACJM-III, Katihar in connection with Barari P.S. Case No. 403 of 2022 with following condition:- (i) The petitioner shall support in trial and shall appear physically present before the trial Court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

(ii) One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

(iii) The petitioner shall file an affidavit at the time of furnishing of bail bond and he shall not involve in such criminal

Patna High Court CR. MISC. No.6079 of 2024(2) dt.01-03-2024 3/3 activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T