Anil Kumar @ Anil Kumar Pandit @ Ramautar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7149 of 2017 Arising Out of PS.Case No. -224 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Anil Kumar @ Anil Kumar Pandit @ Ramautar Pandit, son of Rameshwar Pandit, resident of Mohalla - Beli Saray, P.S. Nagar, Motihari, District - East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dhurendra Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Trial No. 320 of 2016, arising out of Motihari Town P.S.Case No. 224 of 2016 registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

Submission of learned counsel for the petitioner is that on the basis of confessional statement in other case he has been remanded in this case and there is no recovery from the possession of the petitioner and petitioner has not been named in the FIR. Heard learned APP also.

Having heard both sides and considering the fact that name of the petitioner transpires on the basis of his own confessional statement and there is no recovery from his possession and has remained in custody for 11 months, let the

Patna High Court Cr.Misc. No.7149 of 2017 (2) dt.20-02-2017 2/2 petitioner, above named, 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 Additional Chief Judicial Magistrate-III, East Champaran, Motihari, in connection with Trial No. 320 of 2016, arising out of Motihari Town P.S.Case No. 224 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U