Shushant Pandey @ Sonu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 49427 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ====================================================== Shushant Pandey @ Sonu Pandey S/o Late Ved Prakash Pandey, R/o Bhabua, Ward No. 19, P.S.- Bhabua, District- Kaimur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Surendra Kumar Mishra, Advocate For the S t a t e : Mr Sanjay Kumar Tiwary 1, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered under Sections 395 of Indian Penal Code.

The allegation in the first information report is of looting some cash and ornaments from the informant. Submission is made on behalf of the petitioner that his name has been dragged in the instant case only on the basis of confessional statement of one co-accused Kamal Kant Tiwary. It is further submitted that there is no recovery from the petitioner and though there are some other cases against him, which has been disclosed in paragraph 3 of the instant petition, but in two cases, he is on bail and in one another case, bail application is pending consideration. It is

Patna High Court Cr.Misc. No.49427 of 2017 (2) dt.18-10-2017 2/2 further submitted that till now petitioner has not been put on test identification parade.

Considering the aforesaid submissions, prayer for bail 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, Kaimur at Bhabua in Bhagwanpur Police Station Case No 13 of 2017 subject to the following conditions:

(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 give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

(iii) 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) M.E.H./- U T