Pawan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58628 of 2021 Arising Out of PS. Case No.-873 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Pawan Pandit S/O Suro Pandit R/o Ward No. 28, Nagar Parishad Supaul, P.S.- Supaul, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-09-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Supaul P.S. Case No. 873 of 2020 lodged under Sections 302/34 of the I.P.C. and Section 27 of Arms Act.

As per the prosecution case, there are in total 4 accused persons mentioned in the F.I.R. and 4 known accused persons are there.

Learned counsel for the petitioner submits that name of the petitioner has not been figured in the F.I.R. He further submits the specific allegation made in the F.I.R. is against the named accused persons. The name of the present petitioner has

Patna High Court CR. MISC. No.58628 of 2021(3) dt.27-09-2022 2/3 come on the confessional statement of the co-accused. He further submits that petitioner is in custody since 14.05.2021 having clean antecedent and charge sheet has already been filed in this case. He further submits that the other co-accused persons whose names have come by the confessional statement in this case have been granted bail by the Co-ordinate Bench of this Court on 16.08.2022 in Cr. Misc. NO. 24755 of 2022, 27.10.2021 in Cr. Misc. NO. 16096 of 2021, 22.08.2022 in Cr. Misc. NO. 60073 of 2021 and 20.09.2022 in Cr. Misc. NO. 31044 of 2022 Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 873 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date

Patna High Court CR. MISC. No.58628 of 2021(3) dt.27-09-2022 3/3 fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T