Patna High CourtCR. MISC./4201/2020bail granted

Pankaj Yadav v. The State Of Bihar

2020-01-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4201 of 2020 Arising Out of PS. Case No.-237 Year-2019 Thana- SAUR BAZAR District- Saharsa ====================================================== Pankaj Yadav Son Late Baidyanath Yadav Resident of Village - Ghoghan Patti, P.S.- Sour Bazar (Patarghat O.P.), Distt.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Sour Bazar (Patarghat O.P.) P.S. Case No. 237 of 2019, registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Indian Penal Code.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. No incriminating article has been recovered from possession of this petitioner. Rather one loaded country made pistol and one mobile were recovered from possession of other co-accused Raj Kishore Yadav. Co-accused Raj Kishore Yadav has already been granted bail by this court vide order dated 18.01.2020 passed in Cr. Misc. No. 2949 of 2020. Charge-sheet has already been submitted. Petitioner is in custody since

Patna High Court CR. MISC. No.4201 of 2020(2) dt.23-01-2020 2/2 14.06.2019.

Considering the facts aforesaid, the petitioner abovenamed, is directed to 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 the learned Judicial Magistrate, Saharsa in connection with Sour Bazar (Patarghat O.P.) P.S. Case No. 237 of 2019, subject to the following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T