Patna High CourtCR. MISC./4540/2015bail granted

Uma Shankar Pandey And ANR v. The State Of Bihar

2015-02-03Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4540 of 2015 Arising Out of PS.Case No. -26 Year- 2013 Thana -BAGAINGOLA District- BUXAR ======================================================

1. Uma Shankar Pandey

2. Kariya Pandey Both sons of Satya Narayan Pandey, resident of Village - Bhada, P.S. Bagengola, District - Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-02-2015 Heard both sides.

The petitioners seek regular bail in Bagengola P.S. Case No. 26 of 2013 registered under Sections 273, 420, 406, 120(B) of the Indian Penal Code and Section 47(A)F of the Excise Act.

According to the prosecution case, it appears that Satya Narayan Pandey was apprehended and he disclosed the names of the petitioners, Kariya Pandey @ Rama Shankar Pandey and Uma Shankar Pandey, who happen to be his sons. About 100 litres of spirit was recovered from a newly constructed house. Learned counsel for the petitioners submits that the petitioners were not apprehended on the spot, but their father was arrested. The petitioners are in jail since 17.11.2014.

Patna High Court Cr.Misc. No.4540 of 2015 (2) dt.03-02-2015 2/2 Learned A.P.P. submitted that petitioner no. 1 Uma Shankar Pandey has got criminal antecedent as he is also accused in Navanagar P.S. Case No. 87/14 registered under Sections 272, 273, 420 I.P.C. and Section 47(A) of the Excise Act. Considering the facts that the petitioners were not arrested and their names were disclosed by their father, who was arrested on the spot, from where the recovery was made, the above named petitioners are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in Bagengola P.S. Case No. 26 of 2013. (Prabhat Kumar Jha, J) Dilip/- U T