Chandrama Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78196 of 2018 Arising Out of PS. Case No.-46 Year-2018 Thana- BAGENGOLA District- Buxar ====================================================== Chandrama Pandey Son of Late Jagnarayan Pandey Resident of VillagePakarahi,Police Station Bagen Gola,Distt.-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vindhyakeshri Kumar, Sr. Adv & Mr.Arun Kumar Pandey, Adv For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Bagen Gola P.S. Case No. 46 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 307/302 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is of being the order giver.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to land dispute. Specific allegation of firing is against co-accused Rajendra Pandey. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide orders dated 07.09.2018 in Criminal Miscellaneous No. 54908

Patna High Court Cr.Misc. No.78196 of 2018(2) dt.16-01-2019 2/2 of 2018 and 01.11.2018 in Criminal Miscellaneous No. 65171 of 2018. Petitioner is in custody since 17.07.2018. Learned counsel for the Informant vehemently opposes the prayer for bail.

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 Additional Chief Judicial Magistrate-1st, Buxar, in connection with Bagen Gola P.S. Case No. 46 of 2018, 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 cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U