Patna High CourtCR. MISC./12304/2018bail granted

Prakash Kumar Pandey v. The State Of Bihar

2018-04-05Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12304 of 2018 Arising Out of PS.Case No. -1144 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Prakash Kumar Pandey S/o Ram Dinesh Pandey, R/o Village- Manipur, P.S.- Nokha, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Mr. Smt. Sahin Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Section 392 of the Indian Penal Code.

It has been submitted by the counsel for the petitioner that due to his criminal antecedent he has falsely been implicated in this case and he is in custody since 15.11.2017. His name has surfaced on the basis of confessional statement of co-accused three months after the occurrence and one mobile SIM being stolen article is alleged to have recovered from his possession, which is false. It is submitted that the seizure is not in accordance with law. In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in Sasaram (Darigaon) P.S. Case No. 1144 of 2017 subject to the conditions :

Patna High Court Cr.Misc. No.12304 of 2018 (3) dt.05-04-2018 2/2 (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U