Shayam Sundar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12689 of 2019 Arising Out of PS. Case No.-22 Year-2018 Thana- PURNEA SADAR District- Purnia ====================================================== Shayam Sundar Pandey Son of Bhola Pandey Resident of Village - Soheban Tola, P.S.- Madhubani, District - Purnea (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Sadar Purnea P.S. Case No. 22 of 2018 registered for the offence under Sections 147, 148, 149, 341, 323, 307, 427, 120(B), 420, 467, 468 and 471 of the Indian Penal Code.

In sum and substance, the prosecution case, in brief, is that there was Jamabandi in the name of informant and petitioner, in connivance with local Mafias, wanted to grab his land. On 26-12-2015, when informant, knowing this fact, went to his land, he saw measurement of land was being done by petitioner alongwith other accused persons, upon protest, accused person assaulted him and his son.

It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence and informant is habitual in filing such types of fake & false cases against the petitioner. It is further submitted that similar case was earlier

Patna High Court CR. MISC. No.12689 of 2019(10) dt.24-02-2020 2/2 lodged against the petitioner, vide Sadar P.S. Case No. 246 of 2016, in which, final form has been submitted by police. It is also submitted that there is delay of more than two years in lodging present F.I.R.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge Purnea in connection with Sadar Purnea P.S. Case No. 22 of 2018 on the following conditions: "(1) Petitioner shall cooperate 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.

(2) 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."

(Prabhat Kumar Singh, J.) anay U T