Bijendra Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15445 of 2022 Arising Out of PS. Case No.-270 Year-2021 Thana- HUSSAINGANJ District- Siwan ====================================================== BIJENDRA PANDEY S/o- Yogendra Pandey Resident of Village - Raghunathpur, P.S. - Raghunathpur, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 411,413,414 of IPC. One stolen truck and number of articles have been recovered from the scrapyard of co-accused Hassnain Rai @ Hasnain Ray.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case only on the basis of suspicion. He further submits that nothing has been recovered from conscious possession or from the

Patna High Court CR. MISC. No.15445 of 2022(4) dt.22-08-2022 2/3 house of the petitioner and in fact the petitioner purchased Kabadi articles from door to door and on the basis of suspicion the petitioner has falsely been implicated. Further submits that co-accused, namely, Hassnain Rai @ Hasnain Ray has been gratned bail by this Court vide order dated 26.07.2022 in Cr. Misc. No.10590 of 2022 and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 31.10.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries five more cases other than the present one.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Hussainganj P.S. Case No.270 of 2021, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.15445 of 2022(4) dt.22-08-2022 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T