Piyus Pandey @ Shailesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80171 of 2018 Arising Out of PS. Case No.-114 Year-2018 Thana- CHAINPUR District- Bhabhua (Kaimur) ====================================================== Piyus Pandey @ Shailesh Pandey Son of Late Kameshwar Pandey Resident of Village- Hata, P.S.- Chainpur, District- Kaimur at Bhabua. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 386, 387, 379, 427, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.

No doubt, there is allegation of demand of extortion money against the petitioner and one co-accused Vijay Yadav and petitioner does have criminal antecedent of near about five cases but learned counsel appearing for the petitioner submits that having similar allegation as well as similar antecedent, one co-accused Vijay Yadav has been granted bail by the court

Patna High Court Cr.Misc. No.80171 of 2018(2) dt.17-01-2019 2/2 below after completion of six months in custody by the direction given in Cr. Misc. No. 64942 of 2018 by a co-ordinate Bench of this court.

Although, learned counsel appearing for the informant opposed the prayer but he could not succeed to distinguish the case of the petitioner from the case of co-accused Vijay Yadav. Therefore, in the aforesaid circumstance, with an object to maintain the parity of justice, petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 114 of 2018.

However, it is made clear that if the indulgence of the petitioner is found in future in similar type of cases, the prosecution may file petition for cancellation of bail of the petitioner.

(Hemant Kumar Srivastava, J) shahzad/- U T