Patna High CourtCR. MISC./76300/2018allowed

Atul Kumar Pandey v. The State Of Bihar

2019-01-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76300 of 2018 Arising Out of PS. Case No.-96 Year-2018 Thana- SAHAJITPUR District- Saran ====================================================== Atul Kumar Pandey, Son of Prabhunath Pandey, Resident of Village- Najiba, Police Station- Sahajitpur, District- Chapra Saran, At present Basahi Tole Shambhu Chapra, Police Station- Janta Bazar, District- Chapra Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Smt. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Sahajitpur P.S. Case No. 96 of 2018 for the offence under Section 396 of the Indian Penal Code and Section 25(1-a)b/27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 12.10.2018.

Referring to the prosecution case, learned counsel for the petitioner submits that the allegation against this petitioner is that he was one of the conspirator in the commission of crime. Learned APP with reference to the case diary submits that the mother of the deceased in her statement has stated that this petitioner played the role of liner in the commission of

Patna High Court Cr.Misc. No.76300 of 2018(3) dt.29-01-2019 2/2 crime.

Considering the fact that the petitioner has got no criminal antecedent and there is no allegation of any specific overt at in the commission of crime. The role of the petitioner was only as conspirator and he is in custody since 12.10.2018 and the investigation in the instant case is now complete, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VI, Chapra (Saran) in connection with Sahajitpur P.S. Case No. 96 of 2018 with the condition that the bailors should be the local traders having registered with GST.

(Anil Kumar Upadhyay, J) uday/- U T