Krishnakant Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12758 of 2023 Arising Out of PS. Case No.-390 Year-2022 Thana- RAHUI District- Nalanda ====================================================== Krishnakant Pandey Son of Late Parshuram Pandey Resident of villageManiawan, P.S.- Nalanda, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 18.05.2022 in connection with Rahui P.S. Case No. 390 of 2022, F.I.R. dated 15.07.2022 for the offences punishable under Section 392 of the Indian Penal Code.

According to prosecution case, three miscreants intercepted the way of the informant when he was returning to his home and on the point of pistol, they snatched his motorcycle, purse, mobile phone etc. and also some important documents and fled away.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.12758 of 2023(3) dt.12-07-2023 2/3 petitioner is innocent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R and the name of the petitioner has been transpired during investigation on the basis of confessional statement of the co-accused, namely, Bhola Nath Pandey. He further submits that nothing has been recovered from the possession or the house of the petitioner and and till date no T.I.P. has been conducted by the prosecution. He further submits that the petitioner has been remanded in the present case from Nalanda P.S. Case No. 155 of 2022. The petitioner is in custody since 18.05.2022.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries three criminal antecedents other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in all the three cases.

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 Chief Judicial Magistrate, Nalanda at Biharsharif in connection with

Patna High Court CR. MISC. No.12758 of 2023(3) dt.12-07-2023 3/3 Rahui P.S. Case No. 390 of 2022, subject to 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 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.

3. 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) Vanisha/- U T