Ravi Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40196 of 2022 Arising Out of PS. Case No.-149 Year-2022 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== RAVI PANDEY S/o Kaushal Pandey R/o village- Ratanpura, P.S.- Saraiya (Jaitpur O.P.), District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha, Advocate For the Opposite Party/s :

Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-10-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Muzzafarpur P.S. Case No. 149 of 2022 for the offences under Sections 25 (1-b)a, 26 and 35 of Arms Act. As per the prosecution story, while vehicle checking, the police saw a motorcycle trying to escape, they were apprehended whereafter it is alleged that from the petitioner herein, one country-made loaded pistol beside the mobile and motorcycle were recovered/seized. As he failed to provide any document, seizure list prepared and the F.I.R was lodged. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.40196 of 2022(2) dt.11-10-2022 2/3 petitioner has suffered due to alleged occurrence by being in custody since 19.03.2022. It is his further submission that only because he has criminal antecedent, the police has implicated in this case.

Taking into account his period of incarceration since 19.03.2022, charge sheet stands submitted and ultimately he has to face the trial, this Court is inclined to grant him privilege of bail with strict conditions in view of the fact that he has criminal antecedent.

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 C.J.M., Muzzafarpur in connection with Muzzafarpur Sadar P.S. Case No. 149 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 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

Patna High Court CR. MISC. No.40196 of 2022(2) dt.11-10-2022 3/3 police station every fortnight for next six months to mark 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 the bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/Neha/- U T