Patna High CourtCR. MISC./19085/2020allowed

Praveen Kumar Pandey @ Nunnu v. The State Of Bihar

2020-04-21Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19085 of 2020 In CRIMINAL MISCELLANEOUS No.79247 of 2019 Arising Out of PS. Case No.-403 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ======================================================= PRAVEEN KUMAR PANDEY @ NUNNU son of Late Shyam Kumar Pandey, Resident of Village- Baghari, P.S.- Runni Saidpur, DistrictSitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mr. Dilip Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-04-2020 This modification application has been heard on Video Conference.

This application is for modification of the order dated 19.03.2020 passed by this Court in Cr. Misc. No. 79247 of 2019 whereby bail was granted to the petitioner, subject to his furnishing bonds in the sum of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Sadar P.S. Case No. 403 of 2019. One other condition for grant of bail was that

Patna High Court CR. MISC. No.19085 of 2020(4) dt.21-04-2020 2/3 the father of the petitioner had to be one of the bailors who was required to give an undertaking that the petitioner shall participate in the trial proceedings and that he shall not leave the territorial confines of the State of Bihar without seeking the approval of the Trial Court in case the trial commences or from the Investigating Officer till the time the trial commences. It has been brought to the notice of this Court by this petition that because of lack of proper communication, it could not be pointed out that the father of the petitioner is long dead. The mother of the petitioner is but alive who is ready and willing to be the bailor and also file an undertaking in terms of the order dated 19.03.2020.

Considering the aforestated submissions on behalf of the petitioner, the order dated 19.03.2020 is modified to the extent that in case the petitioner furnishes bonds in the sum of Rs. 10,000/- with two sureties of the like amount within a period of eight

Patna High Court CR. MISC. No.19085 of 2020(4) dt.21-04-2020 3/3 weeks from today, he shall be released on bail. The grant of bail would further be subject to the condition that the mother of the petitioner shall be one of the bailers, who shall give an undertaking that petitioner shall not leave the territorial confines of the State of Bihar without seeking approval of the Trial Court or the Investigating Officer as the case may be. The other conditions in the order dated 19.03.2020 shall subsist.

The application stands allowed.

(Ashutosh Kumar, J) Shageer/- U T