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

Patna High Court Cr.Misc. No.15356 of 2017 (3) dt.11-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15356 of 2017 Arising Out of PS.Case No. -166 Year- 2016 Thana -SIKANDARA District- JAMUI ====================================================== Pankaj Pandey @ Pankaj Kumar Pandey Son of Nawal Kishore Pandey, Resident of Village- Sikandra, Police Station- Sikandra, Distirct- Jamui. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 16.11.2016 in connection with Sikandra P.S. Case No. 166 of 2016 for the alleged offences under Section 392 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the FIR is against unknown persons. No T.I. parade has been conducted to identify the petitioner nor recovery of the stolen mobile has been made from the petitioner. The petitioner has been implicated merely because he happens to be accused in one earlier case in respect of which he is already on bail.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 16.11.2016 already suffered, let the petitioner above

Patna High Court Cr.Misc. No.15356 of 2017 (3) dt.11-04-2017 named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jamui in connection with Sikandra P.S. Case No. 166 of 2016 on the following conditions :- (i) That one of the bailors shall be a close relative of the petitioner.

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

(iii)That the petitioner shall cooperate with the investigation, if not already concluded, and make himself 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 petitioner 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, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T