Maharshi Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28251 of 2016 Arising Out of PS.Case No. -434 Year- 2012 Thana -KOTWALI District- PATNA ====================================================== Maharshi Pandey, son of Hari Pandey @ Hari Prasad Pandey, Resident of Village- Terwa, Police Station- Bhore, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Adv. For the State : Sri Ajay Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 13-07-2016 Heard learned Counsel for the Petitioner and the State. The Petitioner seeks bail in a case instituted for the offence under Sections 379 and 411 of the Indian Penal Code. Considering that the Petitioner's name transpired in the confessional statement of the co-accused and his father undertakes his responsibility, let him be released on bail on furnishing bail bond of Rs.5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Sri Saurav Singh, Judicial Magistrate, 1st Class, Patna (or its successor), in connection with Kotwali P.S. Case No. 434 of 2012, subject to the conditions, (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the

Patna High Court Cr.Misc. No.28251 of 2016 (2) dt.13-07-2016 2/3 Petitioner and the other shall be the father of the Petitioner namely, Hari Pandey. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iv) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

The Petitioner is directed to appear before the Sr. Superintendent of Police, Patna, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the petitioner will be kept under watch in this period by the Sr. Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for

Patna High Court Cr.Misc. No.28251 of 2016 (2) dt.13-07-2016 3/3 cancellation of bail for reasons of misuse of bail. After reporting to the Sr. Superintendent of Police, a certificate will be filed by the petitioner before the court concerned.

(Anjana Prakash, J) S.Ali/- U T