Patna High CourtCR. MISC./16779/2017bail granted

Santosh Pandey v. The State Of Bihar

2017-07-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16779 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================

1. Santosh Pandey Son of Kameshwar Pandey, Resident of VillageRamdihara, P.S. Kudra, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kudra P.S.Case No.10 of 2017, registered for offences punishable under Sections 25(1-b)a,26 and 35 of the Indian Penal Code. Allegation against the petitioner is of recovery of one country-made Pistol and cartridges.

It is submitted on behalf of the petitioner that he has been falsely implicated in this case and he has no criminal antecedent. The petitioner has remained in custody for about 5 1⁄2 months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty

Patna High Court Cr.Misc. No.16779 of 2017 (4) dt.10-07-2017 2/2 Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Kaimur at Bhabhua in connection with Kudra P.S.Case No.10 of 2017 dated 31.01.2017. 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.

(iv) In future, if his active participation is found in similar type of cases, his bail bond shall automatically be cancelled.

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