Chhotu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19085 of 2023 Arising Out of PS. Case No.-215 Year-2022 Thana- PUPRI District- Sitamarhi ====================================================== Chhotu Pandey S/O Chandra Bhushan Pandey Resident Of VillageBhagawatipur, P.S.- Benipatti District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 19-05-2023 The applicant/accused in Crime No. 215 of 2022 registered with Pupri Police Station for the offences punishable under Sections 379 and 411 of the Indian Penal Code, by this application is seeking his release on bail during pendency of the trial after filing of the charge sheet.

2. Heard the learned counsel appearing for the applicant/accused as well as learned Additional Public Prosecutor appearing for the State.

3. FIR of the subject crime was lodged by Sanjay Kumar Paswan claiming to be the victim of the crime in question. As per his version, he has parked his motorcycle to attend marriage ceremony. On return he noticed that his motorcycle was being taken by one unknown person. That unknown person came to be apprehended and he, according to

Patna High Court CR. MISC. No.19085 of 2023(2) dt.19-05-2023 2/3 the prosecution case, is applicant Chhotu Pandey who had attempted to steal the motorcycle of the First Informant.

4. Investigation of the subject crime is over. The applicant is having clean antecedent. Hence, further pretrial detention of the applicant is not warranted. Therefore, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No.215 of 2022 registered with Pupri Police Station be released on bail on executing P.R. bond of Rs.10,000/- (Rupees Ten Thousand) and on furnishing two sureties of the like amount each to the satisfaction of the trial court i.e., S.D.J.M., Pupri at Sitamarhi, with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trial court in expeditious disposal of the trial against him. (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial.

Patna High Court CR. MISC. No.19085 of 2023(2) dt.19-05-2023 3/3 (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

(A. M. Badar, J) Mkr./- U T