Ashok Pandey @ Ashok Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7926 of 2023 Arising Out of PS. Case No.-52 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== Ashok Pandey @ Ashok Kumar Pandey Son Of Bashishtha Narayan Pandey, R/O Vill.- Janari, P.S.- Dubhar, Distt.- Ballia (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Rakesh Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No.2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-02-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned Senior Counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sessions Trial No. 211 of 2022 arising out of Brahampur (Chakki) O.P. P.S. Case No. 52 of 2022 lodged under Sections 120(B), 420, 489(A), 489(B), 489(C) of the Indian Penal Code. Learned counsel for the petitioner submits that the bail application of the petitioner was rejected vide order dated 25.08.2022 passed in Cr. Misc. No. 18039 of 2022 with analogous cases. Counsel further submits that bail application of the petitioner was rejected with liberty granted to renew his

Patna High Court CR. MISC. No.7926 of 2023(2) dt.08-02-2023 2/3 prayer for bail four months after framing of charge. Counsel further submits that he has annexed order for framing of charge, according to which charge has been framed on 20.09.2022 and upon counting more than four months have been passed. Learned counsel for the State also submits that upon going through the record, it transpires that about five months have been passed.

In this view of the matter, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Ist, Buxar in connection with Sessions Trial No. 211 of 2022 arising out of Brahampur (Chakki O.P.) P.S. Case No. 52 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower 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.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.7926 of 2023(2) dt.08-02-2023 3/3 petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U