Bablu Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41753 of 2017 Arising Out of PS.Case No. -52 Year- 2017 Thana -CHAND District- BHABHUA (KAIMUR) ====================================================== Bablu Pandey Son of Ram Ashish Pandey, R/o village- Ramauli, P.S.- Chainpur, District- Kaimur (Bhabua).
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Pathak For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 22.03.2017 in connection with Chand P.S. Case No. 52 of 2017 for offences punishable under Sections 302, 201, 34 and 379 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that her husband who was driver of the car had taken the car but did not return. After two days his dead body was found in a field and the car and mobile of the deceased were also found missing.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.41753 of 2017 (2) dt.19-09-2017 2/3 petitioner that he is innocent, not named in the F.I.R., bears no criminal history and has been falsely implicated on the basis of suspicion. It is further submitted that it is only on the basis of confessional statement of co-accused his name surfaced. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. He submits that one of the co-accused has been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 31595 of 2017 on 13.07.2017.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Additional Chief Judicial Magistrate-IV, Bhabua in connection with Chand P.S. Case No. 52 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two
Patna High Court Cr.Misc. No.41753 of 2017 (2) dt.19-09-2017 3/3 consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J) Devendra/- U T