Datla Pandit @ Roushan Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33172 of 2024 Arising Out of PS. Case No.-403 Year-2022 Thana- BARARI District- Katihar ====================================================== Datla Pandit @ Roushan Kumar Pandey SON OF BABLU PANDIT R/O VILLAGE- MOHANA CHANDPUR,P.S.- BARARI, DIST-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioner is in custody in a case registered for an offence punishable under Sections 147, 148, 149, 341, 323, 307, 302, 201, 364, 386 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, petitioner along with other co-accused persons committed murder of three alleged victims after kidnapping their due to non-fulfillment of demand of extortion money.

4. Learned counsel for the petitioners have submitted that petitioner has falsely been implicated in this case. He next submits that similarly situated co-accused persons have already

Patna High Court CR. MISC. No.33172 of 2024(2) dt.20-05-2024 2/3 been granted bail by this Court passed in Cr. Misc. Nos. 41308 of 2023, 40500 of 2023, 50022 of 2023, 8524 of 2024 and 1177 of 2024, 1290 of 2024, 1747 of 2024 and 17153 of 2024. It is submitted that petitioner is in custody since 05.10.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the aforesaid facts and circumstances as well as the fact that similarly situated coaccused persons have already been granted bail by this Court, let the petitioners, above named, be directed to be released on bail in connection with in connection with Barari P.S. Case No.403 of 2022 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Katihar/concerned court with following conditions:- (i) The petitioner shall support in trial and shall appear physically present before the trial Court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

(ii) One of the bailors shall be a close relative who shall file an affidavit before the court about his relationship with

Patna High Court CR. MISC. No.33172 of 2024(2) dt.20-05-2024 3/3 the petitioner.

(iii) The petitioner shall file an affidavit at the time of furnishing of bail bond and he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

(Ramesh Chand Malviya, J) S.Katyayan/- U T