Daya Shankar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35631 of 2015 Arising Out of PS.Case No. -333 Year- 2013 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Daya Shankar Pandey Son of Ram Naresh Pandey, resident of villageChandralaya, P.S.- Hajipur Sadar, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Y.C. Verma, Sr. Advocate Mr. Shashi Bhushan Kumar For the Opposite Party/s : Mr. Parmanand Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-08-2015 Heard Sri Y.C. Verma, learned senior counsel, who was assisted by Sri Shashi Bhushan Kumar, learned counsel for the petitioner and learned A.P.P.

This is 2nd attempt for grant of bail on behalf of the petitioner. Earlier, prayer for bail of the petitioner was rejected vide Cr. Misc. No. 22026 of 2014 along with other two bail petitions. Subsequently, one of the co-accused namely, Ranjeet Pandey was granted bail by this court on 22.7.2015 vide Cr. Misc. No. 18729 of 2015.

Learned counsel for the petitioner submits that another co- accused namely, Basawan Thakur whose bail was also rejected earlier along with the bail petition of the petitioner, has also been

Patna High Court Cr.Misc. No.35631 of 2015 (3) dt.19-08-2015 2/2 extended the privilege of bail vide Cr. Misc. No. 20428 of 2015. It was submitted that the case of petitioner stands on similar footing. Keeping in view the fact that the other co-accused persons whose bail petitions were rejected along with petitioner's bail petition, they have already been granted bail, there is no reason to deny the privilege of bail to the petitioner. Accordingly, let the petitioner namely, Daya Shankar Pandey be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hajipur Vaishali, in connection with Hajipur Sadar Police Station Case No.

333 of 2013 on a condition that one of the bailors should be blood relation of the petitioner and secondly, during the trial on each and every date the petitioner shall remain physically present before the court below. If continuously on two dates the petitioner fails to appear without prior permission of the trial court, his bail bond shall stand automatically cancelled.

(Rakesh Kumar, J) Praful/- U T