Vishal Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20441 of 2020 Arising Out of PS. Case No.-1355 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== VISHAL PANDEY Son of Rajesh Pandey Resident of Village-Bakhari Tarma, P.S.-Ahiyapur, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-07-2020 Heard learned counsel Sri Hari Kishore Thakur, appearing for the petitioner, as well as learned Additional Public Prosecutor, Choubey Jawahar, appearing for the State through video conferencing.

Let the defects, as pointed out by the office, be ignored. Petitioner is in jail custody since 13.11.2019 in Ahiyapur P.S. Case No. 1355 of 2019 registered under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act.

Allegedly, petitioner along with others was caught by the police when he as well as others had assembled to make preparation to commit dacoity.

Perusal of paragraph 3 of the petition and impugned order goes to show that petitioner does have criminal antecedents of near about seven cases.

Patna High Court CR. MISC. No.20441 of 2020(2) dt.24-07-2020 2/2 Learned counsel of the petitioner submits that the petitioner was remanded in almost all the cases at the behest of his enemies when he was juvenile and, moreover, petitioner has already been granted privilege of bail in all those cases. Learned counsel of the petitioner, further, submits that the father of the petitioner is ready to give undertaking to keep vigil over the activities of the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S. Case No.

1355/2019, subject to condition that one of the sureties shall be father of the petitioner, who shall give undertaking before the court below, to this effect, that he shall keep vigil over the activities of the petitioner and, furthermore, if in future, the petitioner is found to be involved in any other criminal activities, the learned court below may cancel the bail of the petitioner after making due and proper inquiry.