Patna High CourtCR. MISC./38130/2016bail granted

Gaurav Kumar Pandey @ Vicky v. The State Of Bihar

2016-09-26Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.38130 of 2016 (2) dt.26-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38130 of 2016 Arising Out of PS.Case No. -50 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Gaurav Kumar Pandey @ Vicky Son of Late Ram Manohar Pandey, Resident of Ishakchak, Bholanathpur, Near Singhdwar Budhiya, Kali Asthan Gali, Police Station- Ishakchak, District- Bhagalpur.... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Sinha For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Kotwali (Adampur) P.S. Case No. 50 of 2016 registered for the offence punishable under Section 392 of the Indian Penal Code. From perusal of impugned order it reveals that the name of the petitioner transpired in the confessional statement, he is in custody since 28.03.2016 but he has not been put on test identification parade though the informant has claimed in his statement that he may identify the culprits. The name of the petitioner was at first taken by Spy of the Police and then the petitioner was arrested and confessed his guilt. Nothing has been recovered from conscious possession of the petitioner. In the facts and circumstances stated above, the

Patna High Court Cr.Misc. No.38130 of 2016 (2) dt.26-09-2016 petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Bhagalpur in connection with Kotwali (Adampur) P.S. Case No. 50 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T