Patna High CourtCR. MISC./40538/2015bail granted

Satish Pandey v. The State Of Bihar

2015-08-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40538 of 2015 Arising Out of PS.Case No. -93 Year- 2014 Thana -MEERGANJ District- GOPALGANJ ====================================================== Satish Pandey son of Ramashish Pandey, resident of Singha Tola, Naya Gaon, Tulasia, P.S. Mirganj, District Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Dikshit For the Opposite Party/s : Mr. Sharda Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-08-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under sections 307 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

The petitioner is named in the F.I.R. but no allegation is made against the petitioner. It is alleged that the petitioner conspired. The petitioner moved before the learned Sessions Judge, Gopalganj in B.P. No. 1107 of 2014 who vide order dated 05.01.2015 granted bail to the petitioner considering the merits of the case but put a condition that if the petitioner is not an accused in more than five cases, only then the petitioner shall be released on bail.

It is submitted that the petitioner has already

Patna High Court Cr.Misc. No.40538 of 2015 (2) dt.26-08-2015 disclosed his criminal antecedent before the learned Sessions Judge as well as before this Court. The petitioner again moved before the learned Sessions Judge, Gopalganj for modification of the order dated 05.01.2015 but the learned Sessions Judge did not modify the order on the ground that the petitioner is an accused in as many as 15 cases. However, the learned Sessions Judge in his order dated 05.01.2015 has stated that there is absolutely no material against the petitioner.

Considering the facts aforesaid, the petitioner above named, is directed to 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 the learned Chief Judicial Magistrate, Gopalganj in connection with Mirganj P.S. Case No. 93 of 2014.

(Prabhat Kumar Jha, J) Amin/- U