Nandlal Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16572 of 2019 Arising Out of PS. Case No.-419 Year-2018 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

NANDLAL PANDEY Son of Late Dilip Pandey 2.

Suman Pandey Son of Bhola Pandey R/o village- Konar, P.S.- Sheosagar, Distt.- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Singh For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2019 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Sheosagar P.S.Case No.419 of 2018 , registered for offences punishable under Sections 385, 386 of the Indian Penal Code and Sections 25(1-b)A, 26, 35 of the Arms Act. Allegation as per FIR is of demanding rangdari from the hotel owner and two persons were apprehended, two persons succeeded in fleeing away and the apprehended persons disclosed the name of the petitioner also.

Submission of the learned counsel for the petitioners is that the petitioner has been named on the basis of suspicion and nothing has been recovered from his conscious possession and he has no criminal antecedent, even during the course of

Patna High Court CR. MISC. No.16572 of 2019(3) dt.02-05-2019 2/2 investigation, the hotel owner has not supported the prosecution case.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order and the learned court below shall verify the criminal antecedent of the petitioner and if he has no criminal antecedent, he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Sasaram, Rohtas in connection with Sheosagar P.S.Case No.419 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T