Hari Shankar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17738 of 2017 Arising Out of PS.Case No. -365 Year- 2015 Thana -SAHPUR District- BHOJPUR ====================================================== Hari Shankar Pandey Son of Late Chandradeep Pandey Resident of Village- Shahpur, P.S.- Shahpur, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Ghosarvey For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2017 The petitioner is apprehending his arrest in connection with Shahpur P.S. Case No. 365 of 2015 registered for offences punishable under Sections 147, 148, 149, 332, 333, 337, 253, 427 and 435 of the Indian Penal Code.

The allegation against the petitioner and other coaccused persons is that after an accident, they created unlawful assembly and started pelting stones upon police officials while they were performing official duties.

It has been submitted on behalf of the petitioner that he was not present there. As a matter of fact, since 07.11.2015 he was under treatment in PMCH and he has been falsely implicated in this case.

Heard learned A.P.P.

Patna High Court Cr.Misc. No.17738 of 2017 (2) dt.25-04-2017 2/2 Having heard both sides and in view of the fact that the petitioner was under treatment during that period, let the petitioner named above, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri Raghubir Prasad, Judicial Magistrate, 1st Class, Bhojpur at Ara, in connection with Shahpur P.S. Case No. 365 of 2015 (G.R. No. 5681/2015), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(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 shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Ravi/- U T