Ajit Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31286 of 2016 Arising Out of PS.Case No. -113 Year- 2015 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ajit Kumar Pandey, son of Nand Kumar Pandey, resident of VillageKanspur Darmaha, Police Station- Kesaroa, District- East Champaran in Motihari.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : M/s Dr. A. Kumar and Manish Rai Shankar, Advs. For the Opposite Party/s : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Kalyanpur P.S. Case No. 113 of 2015 registered for offence under section 379/34 of the Indian Penal Code. The petitioner had earlier moved before this Court for bail in Cr. Misc. No. 49232 of 2015 and this Court, vide order dated 04.11.2015, rejected the same with a liberty to renew his prayer for bail after nine months of jail-custody. The counsel for the petitioner submits that the petitioner is in custody since 27.05.2015.

Looking to the period of custody, let the petitioner,

Patna High Court Cr.Misc. No.31286 of 2016 (2) dt.27-07-2016 2/2 above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IX, East Champaran at Motihari in connection with Kalyanpur P.S. Case No. 113 of 2015, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail (iii) the petitioner would cooperate in the proceeding of the court below. In event of failure to appear on two consecutive dates without any rhyme or reason, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Mahesh/- U T