Pramod Kumar Pandey @ Pramod Pandey And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16528 of 2017 Arising Out of PS.Case No. -212 Year- 2016 Thana -SAHPUR District- BHOJPUR ======================================================

1. Pramod Kumar Pandey @ Pramod Pandey, son of Vishram Pandey

2. Ravindra Pandey, son of Ramayan Pandey, Both resident of village Sonki, P.S. Shahpur, District Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 20.02.2017 in connection with Shahpur P.S. Case No. 212 of 2016 for the alleged offences under Sections 47/53 of the Bihar Excise Amendment Act, 2016.

3. It is submitted that the petitioners have been falsely implicated on mere suspicion and except the confessional statement of other co-accused persons, there is no material to connect the petitioner with the alleged occurrence. No recovery of any incriminating articles has been made from the petitioners who claim clean antecedents. Similarly situated co-accused persons have been granted bail by this Court in Cr. Misc. No. 50082 of 2016, Cr. Misc. No. 49940 of 2016, Cr. Misc. No. 51183 of 2016 and Cr. Misc. No. 49981 of 2016.

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 20.02.2017 suffered by the petitioners, let the petitioners above

Patna High Court Cr.Misc. No.16528 of 2017 (2) dt.04-04-2017 named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Bhojpur, Ara in connection with Shahpur P.S. Case No. 212 of 2016 on the following conditions :- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii)That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/BT U T