Manoj Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61138 of 2021 Arising Out of PS. Case No.-81 Year-1999 Thana- SURSAND District- Sitamarhi ====================================================== MANOJ PANDEY Son of Late Sitaram Pandey Permanent Resident of Village - Hanuman Nagar, Pandey Tola, P.S.- Sursand, P.O.- Baghari, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Vagisha Pragya Vacaknavi, Advocate :

Ms.Sushmita Sharma, Advocate :

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

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sursand P.S. Case No. 81 of 1999 instituted for the offences under Sections 25(1-b)a and 26 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 13.06.2021, is a person with clean antecedent and the trial is going on.

Learned counsel for the petitioner submits that allegation is of recovery of live cartridges along with half bottle liquor, knife and Rs. 1,050/- from the petitioner. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.61138 of 2021(2) dt.22-03-2022 2/3 petitioner was earlier granted bail by the learned court below itself but the same was cancelled vide order dated 21.07.2007, thereafter again bail was granted vide order dated 03.09.2011 but on the next date i.e. on 08.09.2011 his bail bond again was cancelled as the petitioner for some personal reasons could not appear in the case. Learned counsel submits that thereafter the petitioner was not informed by his learned lawyer with regard to cancellation of his bail bonds on 08.09.2011 and the petitioner had gone out for working and when he came back to his village he was completely unaware of the case and had also forgotten about the case and came to be arrested on 13.06.2021. Learned counsel submits that the petitioner undertakes to be present on each and every date in the trial.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and in the nature of allegations as alleged and also that the petitioner has undertaken to appear on each and every date in the trial, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of Shri Kavindra Kumar, learned Judicial

Patna High Court CR. MISC. No.61138 of 2021(2) dt.22-03-2022 3/3 Magistrate 1st Class, Pupri at Sitamarhi in connection with Sursand P.S. Case No. 81 of 1999.

(Satyavrat Verma, J) Rishi/- U T