Vijay Shankar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 32266 of 2014 Arising out of P.S. Case No. -63 Year- 2013 Thana -DARAUNDHA District- SIWAN ====================================================== Vijay Shankar Pandey Son of Awadhesh Pandey Resident of villageJalalpur, Police Station- Darounda, District- Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Mohan Jha, Adv. For the Opposite Party/s : Mr. Akbar Ali (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03.

19.01.2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Sections 302 and 201/34 of the Indian Penal Code.

It has been submitted that even though charges were framed in the year 2013 till date only one witness has been examined.

Considering that apart from confessional statement of the Petitioner and co-accused there is no direct material against the Petitioner and he undertakes to be physically present on each date of trial, let the Petitioner, above named 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 as fixed by the Court to the satisfaction of Special Judge, Siwan in connection with S.Tr. No. 412 of 2013 arising out of Darounda P.S. Case No. 63 of 2013 subject to the following conditions:- (i) That one of the bailors will be a close

Patna High Court Cr.Misc. No.32266 of 2014 (3) dt.19-01-2015 relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner and the other bailor shall be the father of the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) 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. (iv) That the Petitioner will be physically present on each date of trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled.

The Trial Court is directed to expedite the trial and for which reason it shall send a list of the witnesses fixing specific dates for production of the witnesses along with a copy of this order, to the Superintendent of Police, Siwan, and the Superintendent of Police, Siwan is directed to ensure production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in trial. Vikash/- (Anjana Prakash, J.) U T