Pintu Yadav @ Pankaj @ Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.27319 of 2020 Arising Out of PS. Case No.-123 Year-2018 Thana- LAUKAHI District- Madhubani ====================================================== PINTU YADAV @ PANKAJ @ PANKAJ KUMAR Son of Raj Narayan Yadav Resident of Village- Kakardobh, Police Station- Laukahi, DistrictMadhubani. ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivnandan Bharti, Advocate For the Opposite Party/s :
Mr.Satyeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-10-2020 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Satyeshwar Sharma, learned A.P.P. for the State. Petitioner, in the present case, is seeking regular bail in connection with Laukahi P.S. Case No. 123 of 2018 corresponding to G.R. No. 1035 of 2018 registered for the offences under Sections 272/273/34 of the Indian Penal Code & under Section 25(1-b), 26, 35 of Arms Act and under Sections 30(a) of Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that he has filed a supplementary affidavit today itself in which he
2/4 has stated about one criminal antecedent of the petitioner being Laukahi P.S. Case No. 100/2018 in which he is on bail. Office shall place the said supplementary affidavit on the record of this case, however, the Court has proceeded to hear learned counsel for the petitioner taking note of the aforesaid submissions.
Learned counsel for the petitioner submits that the petitioner was not arrested on spot rather his name has transpired in the statement of the apprehended accused. There is no recovery from this petitioner. Learned counsel further submits that the petitioner is in custody since 19.12.2019 in connection with the present case.
Learned A.P.P. for the State has though opposed the prayer for regular bail of the petitioner, considering the facts and circumstances of the case wherein there is no recovery from the possession of this petitioner and has remained in jail since 19.12.2019, let the petitioner above named be released on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J. - 2nd, Madhubani, in connection with Laukahi P.S. Case No. 123 of 2018 corresponding to G.R. No. 1035 of 2018, subject to
3/4 the condition as laid down under Section 437 (3) Cr.P.C. as under :
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
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.
And further condition that they will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic during the lockdown period. The authorities
4/4 concerned shall take appropriate steps to ensure such observance prior to and after release of the petitioner. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.