Anil Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22379 of 2024 Arising Out of PS. Case No.-38 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Anil Pandit S/O Bhikhari Pandit R/O Village- Bairiya, Kahara Tola (Kumhara Tola), P.S.- Rangarhwa, District- East Champaran At Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sugauli P.S Case No. 38 of 2024 registered for the offences punishable under Sections 414, 413, 420, 467 and 468/34 of the I.P.C

3. As per prosecution case, alleged stolen vehicle has been recovered from the house of co-accused Rajan Kumar and further it has been alleged that the petitioner was also present at the house of the said co-accused and he is alleged to have involved in sale and purchase of the stolen vehicle.

Patna High Court CR. MISC. No.22379 of 2024(2) dt.03-04-2024 2/3

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that the alleged stolen vehicle has not been recovered from the conscious possessions of the petitioner rather the same being recovered from possession of co-accused Rajan Kumar. It is also submitted that petitioner is in judicial custody since 27.01.2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Sugauli P.S Case No. 38 of 2024.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this

Patna High Court CR. MISC. No.22379 of 2024(2) dt.03-04-2024 3/3 order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge. Further, Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the trial court till conclusion of the trial and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds (Ramesh Chand Malviya, J) Mayank/- U T