Rakesh Pandey And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47984 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -BELSAND District- SITAMARHI ======================================================

1. Rakesh Pandey Son of Nagendra Pandey

2. Mukesh Pandey, son of Nagendra Pandey

3. Jairam Pandey, son of late Rajnandan Pandey, All resident of village Marar, P.S. Belsand, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vaidehi Raman Prasad Singh For the Opposite Party/s : Mr. A.L. Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-12-2015 Heard learned counsel for the petitioners and learned A.P.P. representing the State.

The petitioners seek bail in connection with Belsand P.S. Case No. 53 of 2015 registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code and Sections 27 of the Arms Act.

Bharat Mahto the husband of the informant went with Dhanai Pandit but he did not return and thereafter his deadbody was found near the house of Feku Sah and the petitioners and others have been named that due to previous enmity they have killed Bharat Mahto and the petitioners and others were talking with the deceased.

Submission is of false implication and that there is no witness of occurrence. Despite suspicion, there is nothing against

Patna High Court Cr.Misc. No.47984 of 2015 (3) dt.02-12-2015 2/2 the petitioners. During investigation no other material has come and the petitioners are suffering in custody since 01.08.2015, having no criminal antecedent, deserve sympathetic consideration. The learned A.P.P. after going through the case diary fairly submits that there is no other material. In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, all the three above named petitioners are directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Judicial Magistrate 1st Class, Sitamarhi arising out of Belsand P.S. Case No.

53 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners will remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U