Tarkeshwar Pandit @ Pappu Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34590 of 2022 Arising Out of PS. Case No.-67 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== Tarkeshwar Pandit @ Pappu Pandit Son Of Rajdev Pandit R/O VillageGandhi Chowk, Lakhaura, P.S.- Lakhaura, District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar, Advocate For the Opposite Party/s :

Mr.Arvind Kumar Pandey(App84), APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under Sections 399, 402 of the Indian Penal Code in connection with Chhauradano P.S. Case No. 67 of 2022.

As per the FIR, the police upon direction of the Superintendent of Police of the district, in course of patrolling duty/check found two motorcycles with 6-7 accuseds trying to escape but they were apprehended and it is alleged that from this petitioner, a country made pistol and a live cartridge was recovered/seized.

Patna High Court CR. MISC. No.34590 of 2022(2) dt.12-09-2022 2/3 Learned counsel for the submits that only because of criminal antecedent, he has been implicated this case, is in custody since 4.3.2022 (as stated in para-9 of the bail application) and as such deserves bail.

Taking into account the aforesaid facts as also his period of custody and the charge-sheet stands submitted, this Court is inclined to grant him the privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Chhauradano P.S. Case No. 67 of 2022 subject to the following conditions:

(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his

Patna High Court CR. MISC. No.34590 of 2022(2) dt.12-09-2022 3/3 presence;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/Ajay Singh U T