Aman Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39239 of 2022 Arising Out of PS. Case No.-158 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== AMAN PANDEY S/o- Manoj Pandey Resident of Village - Banuchhapar, Ward No. 15, P.S. - Manukapul, District - West Champaran at Bettiah. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar, Advocate For the Opposite Party/s :
Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and learned APP for the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
The case is registered under sections 414/34 of the Indian Penal Code, in connection with Bettiah (T) P.S. Case No. 158 of 2022.
The prosecution story, in brief, is that the informant was informed that two persons were taking cigrattes in M.J.K. college campus near turning of the girls hostel with stolen Apache motorcycle. He proceeded to M.J.K. College and arrested two persons who disclosed their names as Aman Pandey, the petitioner herein and Akash Bhardwaj. As they failed to produce any valid document, in support of the vehicle,
Patna High Court CR. MISC. No.39239 of 2022(2) dt.30-09-2022 2/3 they were taken into custody.
Learned counsel for the petitioner submits that the petitioner is a student of B.Tech And has falsely been implicated in this case when he was going to meet his friend at MJK College, Bettiah on the motorcycle which was borrowed and he was not aware about its ownership for which he has already suffered by being in custody since 6.3.2022.
Considering the aforesaid fact that he is a student, a young boy aged 22 years, is in custody since 6.3.2022, has no criminal antecedent, the charge-sheet stands submitted and ultimately he has to face the trial, this Court is inclined to grant him the privilege of bail. However, if it is found that he do have criminal antecedent, this bail order shall become infructuous. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, in connection with Bettiah (T) P.S. Case No. 158 of 2022 subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.39239 of 2022(2) dt.30-09-2022 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/Ajay Singh U T