Patna High CourtCR. MISC./12283/2016bail granted

Santosh Kumar Pandit v. The State Of Bihar

2016-03-17Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12283 of 2016 Arising Out of PS.Case No. -491 Year- 2015 Thana -JAHANABAD District- JEHANABAD ====================================================== Santosh Kumar Pandit, Son of Sri Ramdas Pandit, Resident of VillageBarni, P.S. Dhanarua District Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajendra Narain, Sr. Advocate Mr. Ranjay Kumar Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-03-2016 Heard learned senior counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 464, 465, 467, 468, 472, 477 and 34 of the Indian Penal Code and Section 66 of the I.T. Act registered in connection with Jehanabad P.S. Case No., 491 of 2015.

3. It is submitted that the petitioner has been falsely implicated as he has neither been named in the first information report nor any recovery has been made from him. The name of the petitioner has surfaced only on the basis of extra-judicial confessional statement of the co-accused.

4. Having regard to the entirety of the facts and circumstances of the case, as such, in the event of the arrest or

Patna High Court Cr.Misc. No.12283 of 2016 (2) dt.17-03-2016 2/2 surrender of the petitioner before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 491 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:- (i) The petitioner shall cooperate with the investigation 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.

(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) B.T/- U T