Sanjay Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57110 of 2017 Arising Out of PS.Case No. -14 Year- 2016 Thana -SUIYA District- BANKA ====================================================== Sanjay Pandit S/o Late Moti Pandit, resident of village-Chirauta, Police Station - Belhar, District - Banka.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Mukherjee, Adv. For the Opposite Party/s : Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner seeks bail in connection with Suiya Police Station Case No. 14 of 2016 registered for an offence punishable under section 392 of the Indian Penal Code. The above case has been registered on the basis of fardbeyan of one Bijay Kumar Barnwal who has alleged that on 21.11.2016 at about 6:00 P.M. two unknown miscreants came at his shop and robbed the informant and his staff. The learned counsel for the petitioner submits that in course of investigation, one Ajay Das was arrested by Police who confessed his complicity in the above crime and further disclosed the name of this petitioner. The said Ajay Das has been allowed regular bail by one of the coordinate Bench of this Court in

Patna High Court Cr.Misc. No.57110 of 2017 (2) dt.13-12-2017 2/3 Criminal Miscellaneous No. 18370 of 2017 on 30.06.2017. Further submission is that the case of petitioner stands on better footing to the case of co-accused as nothing has been recovered from his possession. The petitioner has clean antecedent and is in custody since 22.11.2016.

Considering the period of custody, clean antecedent of the petitioner and the fact that his case stands on similar footing to the case of co-accused who has been allowed bail in the aforesaid case, the prayer for bail is allowed and the above named petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,-I, Banka in connection with Suiya Police Station Case No. 14 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any

Patna High Court Cr.Misc. No.57110 of 2017 (2) dt.13-12-2017 3/3 genuine reasons, the prosecution is free to move for cancellation of his bail.

(iv) If the petitioner is found in similar type of offence in future, the prosecution will have liberty to move for cancellation of his bail. (Sanjay Kumar, J) Mahesh/- U T