Patna High CourtCR. MISC./20277/2016bail granted

Gopal Pandey v. The State Of Bihar

2016-05-09Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20277 of 2016 Arising Out of PS.Case No. -849 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Gopal Pandey, son of Bal Krishna Pandey, resident of village- Khararpur Baliya Pandey Tola, P.S.- Minapur, District- Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section 406 of the Indian Penal Code.

No doubt, petitioner is named in the first information report, but according to the prosecution case itself, the petitioner took the tempo of the informant on 10.9.2015, but written report was submitted on 12.9.2015. Moreover, the impugned order goes to show that the petitioner was found in drunken condition on 12.9.2015, but he was produced before the Court on 19.9.2015. Moreover, the first information report was placed before the concerned court on 15.9.2015 and no explanation regarding the aforesaid delay has been given. The petitioner has been made accused in the present case as well as one another case, i.e.

Patna High Court Cr.Misc. No.20277 of 2016 (2) dt.09-05-2016 2/2 Ahiyapur P.S. Case No.36 of 2009 and except the aforesaid antecedent, petitioner does not have any other criminal antecedent. Investigation against the petitioner has already been completed. Accordingly, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Muzaffarpur in connection with Ahiyapur P.S. Case No.849 of 2015.

(Hemant Kumar Srivastava, J) N.H./- U T