Patna High CourtCR. MISC./27107/2014bail granted

Akhilesh Pandey v. The State Of Bihar

2015-01-15Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27107 of 2014 Arising Out of PS.Case No. -142 Year- 2013 Thana -KOCHAS District- SASARAM (ROHTAS) ====================================================== Akhilesh Pandey S/o Late Sudama Pandey Resident of Village Parsathua, P.S. Kochas, District Rohtas at Sasaram.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-01-2015 Heard learned counsel for the petitioner and learned counsel, appearing for the State.

The petitioner is in jail custody since 09-11-2013 in a case registered under Sections-399, 402, 414, 467, 468, 471, 420, 307/34 of the Indian Penal Code and Sections-25(i-B)A, 26, 27 & 35 of the Arms Act.

According to prosecution case itself, the firing of the petitioner did not hit either the informant or to any police officials nor anything was recovered from conscious possession of the petitioner. It is alleged that one semi-finished country-made pistol and three live cartridges as well as other apparatus were recovered from house of the petitioner. The petitioner carries criminal antecedent of two cases and in one case i.e. Kudhani P.S. Case No. 02 of 2013, he has already been granted privilege of bail whereas;

Patna High Court Cr.Misc. No.27107 of 2014 (6) dt.15-01-2015 in Chandauti P.S. Case No. 244 of 2013, he has not been remanded, as yet.

Taking into consideration the aforesaid facts and circumstances as well as submission of the parties, let the petitioner, named above be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Kochas P.S. Case No. 142 of 2013 to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram subject to condition that the petitioner shall attend the trial court on each and every date in person for a period of nine months or till conclusion of his trial whichever is earlier and if he fails to do so on two consecutive dates without any reasonable cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Hemant Kumar Srivastava, J) A.K.V./- U T