Ajay Pandey@Ajay Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76122 of 2018 Arising Out of PS. Case No.-184 Year-2010 Thana- KARAHGAR District- Rohtas ====================================================== AJAY PANDEY @ AJAY KUMAR PANDEY, S/o Nathuni Pandey, Resident of Village- Satsa, P.S. Kochas, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Kargahar P.S. Case No. 184/10 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act. Informant has alleged that on the alleged date of occurrence, the petitioner along with other co-accused persons came to his house to settle the old dispute and took away the son-in-law of the informant Bhim Dubey. On the next day, the informant came to know that his son-in-law was killed by them due to land dispute.

It has been submitted that the petitioner is innocent and he has falsely been implicated in this case due to land dispute. Charge-sheet has been submitted against the petitioner. It has further been submitted that there is no eyewitness of the

Patna High Court Cr.Misc. No.76122 of 2018(2) dt.19-12-2018 2/3 occurrence and the case is of circumstantial evidence. Petitioner has no criminal antecedent and he is in custody since 04.08.2012.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Kargahar P.S. Case No. 184/2010, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for

Patna High Court Cr.Misc. No.76122 of 2018(2) dt.19-12-2018 3/3 cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T