Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9165 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -GARDANIBAGH District- PATNA ====================================================== Pawan Kumar S/o- late Babu Kumar @ lal Babu Yadav R/v - Sonpur, P.SBelanganj, Distt- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-03-2017 Heard the parties.

This application is for grant of bail in connection with Gardanibagh P.S.Case No.05 of 2017, G.R. No.184 of 2017 for the offence under Sections 417, 420 and 34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that allegation against him is that in verification of the signature by the biometric process, the signature does not tally with the person, who has appeared in the examination. The petitioner has remained in custody for more than 2 1⁄2 months and the charge-sheet has also been submitted in this case.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the

Patna High Court Cr.Misc. No.9165 of 2017 (3) dt.21-03-2017 2/2 charge-sheet has already been submitted, so there is no chance of tempering with the evidence.

Considering the aforesaid facts and in view of submission, as above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Smt. Sangeeta Rani, J.M. Ist Class, Patna in connection with Gardanibagh P.S.Case No.05 of 2017, G.R. No.184 of 2017. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U