Raju Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24193 of 2016 Arising Out of PS.Case No. -19 Year- 2016 Thana -GAYA GRP CASE District- GAYA ======================================================

1. Raju Pandey son of Vijay Pandey, resident of village Tirojpur, P.S.- Durgawati District- Bhabhua (Kaimur) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nand Kishore Prasad Sinha For the Opposite Party/s : Mr. Anant Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 01-06-2016 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Sections 379 and 411 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner was a bona fide passenger in the train and on suspicion he was apprehended there by the police. He further submits that the alleged stolen money of Rs.9000/- was returned to the fellow passenger. He further submits that the learned Sessions Judge while rejecting the prayer for bail of the petitioner has made an observation that the petitioner may renew his prayer for bail after two months and after the aforesaid order was passed by the learned Sessions Judge, the petitioner has remained in jail for some more time and, therefore, the petitioner is entitled for bail. The learned A.P.P., appearing on behalf of the State, though, has opposed the prayer, but has not been able to controvert the aforesaid submissions.

Be that as it may, taking into consideration the period of incarceration already undergone by the petitioner since 18.03.2016, this Court is inclined to accede to the prayer made on behalf of the petitioner for grant of bail.

Patna High Court Cr.Misc. No.24193 of 2016 (2) dt.01-06-2016 Let the above named petitioner be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Gaya in connection with Rail Sasaram (Dehri) G.R.P. Case No. 19 of 2016 subject to the conditions that :

(A) one of the bailors must be a government servant, (B) the other bailor shall be either family member or close relation of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (C ) if the petitioner is found involved in same and similar nature of cases in future, then in that case, the informant/prosecution shall be at liberty to file a petition for cancellation of bail bond of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving an opportunity of hearing to all concerned, and (D ) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Prasad Verma, J) Amin/- U