Deepak Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38815 of 2018 Arising Out of PS.Case No. -141 Year- 2018 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Deepak Pandey son of Hare Ram Pandey, resident of Mohalla- Hajiapur, Ward No. 27, Police Station- Gopalganj Nagar, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Gopalganj Town P.S. Case No. 141 of 2018 for offences punishable under Sections 379 and 411 of the Indian Penal Code. The prosecution case, as lodged by the police constable, is that while he was deputed on duty in the resident of the District and Sessions Judge, Gopalganj, on 23.03.2018, two persons were found cutting wire stealthily entering the house. One was apprehended who named the petitioner to be his accomplice. From the possession of the arrested co-accused named Teni Mian, some articles were found in the bag for use in burglary.

Patna High Court Cr.Misc. No.38815 of 2018 (2) dt.10-07-2018 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, was not apprehended by the police and his name surfaced only on the confessional statement of apprehended co-accused who was on inimical terms with the petitioner. It is further submitted that the petitioner is a Kabari, nothing has been recovered from the possession of the petitioner and he is languishing in judicial custody since 24.05.2018. He submits that the petitioner bears no criminal antecedent, is ready to cooperate in the investigation and not to tamper with the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Town P.S. Case No. 141 of 2018, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner

Patna High Court Cr.Misc. No.38815 of 2018 (2) dt.10-07-2018 3/3 having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T