Patna High CourtCR. MISC./37645/2024bail granted

Bauaa Pandit @ Shiv Narayan Pandit v. The State Of Bihar

2024-07-19Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37645 of 2024 Arising Out of PS. Case No.-238 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== Bauaa Pandit @ Shiv Narayan Pandit S/o Late Ram Nandan Pandit @ Late Nandan Pandit R/o Village Bhusari, P.S. Samastipur (Muffassil), Dist. Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-07-2024 Heard Mr. Dilip Kumar Roy, learned counsel for the petitioner and Mrs. Pushpa Sinha, 1, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Tajpur (Halai O.P.) P.S. Case No. 238 of 2021, F.I.R. dated 14.06.2021 registered for the offences punishable under Section 379 of the Indian Penal Code.

3. The F.I.R. of the occurrence of theft is against unknown.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of the confessional statement of co-accused person namely Avinash Kumar and except the confessional statement of

Patna High Court CR. MISC. No.37645 of 2024(2) dt.19-07-2024 2/3 co-accused, no other cogent material has come during investigation to suggest the involvment of the petitioner in the present occurrence. He further submits that similarly situated coaccused person namely Chandan Kumar has been granted the privilege of anticipatory bail by this Court vide order dated 29.11.2023 passed in Cr. Misc. No. 75932 of 2023.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner is involved in another case of similar nature but fairly submits that the petitioner is on bail in the pending matter.

6. Considering the facts and circumstances of the case and the fact that the petitioner is not named in the F.I.R. and name of the petitioner has been transpired on the basis of confessional statement of co-accused as well as similarly situated co-accused person has been granted the privilege of anticipatory bail by this Court , let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st Class, Samastipur in connection with Tajpur (Halai O.P.) P.S. Case No. 238 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other

Patna High Court CR. MISC. No.37645 of 2024(2) dt.19-07-2024 3/3 following conditions :-

(1) 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) 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 order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T