Ramanand Pandey @ Aryan Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32787 of 2024 Arising Out of PS. Case No.-105 Year-2022 Thana- KHAIRA District- Jamui ====================================================== Ramanand Pandey @ Aryan Pandey Son Of Sanjay Pandey Resident Of Village - Khaira, P.S. - Khaira, District - Jamui ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukul Jee, Advocate For the Opposite Party/s :
Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-06-2024 Heard Mr.Mukul Jee, learned counsel for the petitioner and Mr.Shyam Kumar Singh, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 23.01.2024 in connection with Khaira P.S. Case No. 105 of 2022, F.I.R. dated 10.03.2022 registered for the offence punishable under Section 395 of IPC.
3. The prosecution case, in brief is that when the informant along with his cousin were going to CSP Centre Bojhagat after withdrawing Rs. 2,75,000/- from the bank, two unknown persons riding on motorcycle overtook the motorcycle of the informant and looted away bag containing Rs. 2,75,000/- and fled away.
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4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR and the name of the petitioner has been transpired during investigation on the basis of the confessional statement of the co-accused person, namely, Rakesh Kumar and nothing has been recovered from conscious possession of the petitioner and till date no TIP has been conducted by the prosecution and coaccused persons, namely, Chhotu Singh @ Malinga , Sumant Kumar Pandey, Raushan Kumar @ Raushan Kumar Singh @ Raushan Kumar and Rakesh Singh @ Rakesh Kumar have been granted bail by different Coordinate Benches of this Hon'ble Court vide orders dated 14.02.2023, 20.02.2023 and 19.04.2023 passed in Cr. Misc. Nos.41575 of 2022, 53457 of 2022, 56824 of 2022 and 11160 of 2023 respectively. Further submits that the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 23.01.2024.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one but fairly submits that the petitioner is on bail in the said case, as mentioned in
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6. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IV, Jamui in connection Khaira P.S. Case No. 105 of 2022,with the following conditions:- (I) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned
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(Rajesh Kumar Verma, J) Nitesh/- U T