Jailal Pandit @ Jaglal Pandit @ Master @ Master Jee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7150 of 2016 Arising Out of PS.Case No. -76 Year- 2011 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== JAILAL PANDIT @ JAGLAL PANDIT @ MASTER @ MASTER JEE, Son of Imrit Pandit @ Amrit Pandit, resident of village - Shekhauna, P.S Ghorasahan, District- East Champaran .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Binod Kumar No. 3 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 12-04-2016 Heard Sri Abhishek Kumar, learned counsel for the petitioner and Sri Binod Kumar No.3, learned Addl. Public Prosecutor.
The petitioner, who is in custody in Ghorasahan P.S. Case No.76 of 2011 registered for the offence under Sections 147,148,149,504, 427, 379, 386, 435 of the Indian Penal Code, has prayed for grant of bail.
It was submitted by learned counsel for the petitioner that F.I.R. was lodged against unknown. However, during investigation, on the basis of confessional statement of one of the accused, the name of the petitioner has transpired. The petitioner was remanded in this case from other case. He further submits that
Patna High Court Cr.Misc. No.7150 of 2016 (3) dt.12-04-2016 2/3 co-accused, namely, Nanhak Paswan @ Hari Paswan, on whose confession, name of the petitioner transpired, has already been granted bail by a Bench of this Court in Cr. Misc. No.46624 of 2012. He further submits that one another co-accused, namely, Manoj Baitha @ Manoj Kumar Baitha has also been granted bail by order dated 28.08.2015 passed in Cr.Misc.No.38623 of 2015. Learned Addl. Public Prosecutor has opposed the prayer for bail. However, he accepts that other two accused persons almost in similar circumstances have already been granted bail.
Keeping in view of fact that other two accused persons in similar situation have already been granted bail, there is no reason to deny the prayer for bail of the petitioner. Let the petitioner, namely, Jailal Pandit @ Jaglal Pandit @ Master @ Master Jee be enlarged on bail on furnishing bail bond of Rs.10,000/-( ten thousand ) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikrahana at Motihari, East Champaran in connection with Ghorasahan P.S. Case No.76 of 2011 with conditions that (i) one of the bailors must be blood relation of the petitioner and (ii) on each and every date, during trial the petitioner shall remain physically present before the court below. If continuously on two
Patna High Court Cr.Misc. No.7150 of 2016 (3) dt.12-04-2016 3/3 dates, the petitioner remains absent without prior permission of the trial court, his bail bond shall stand automatically cancelled. (Rakesh Kumar, J) NKS/- U