Ajay Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40600 of 2018 Arising Out of PS.Case No. -329 Year- 2018 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Ajay Pandey S/o Shyam Narayan Pandey @ Bachchu Pandey, R/o Vill.- Dewarjee Kala, P.S.- Bhabua, District- Kaimur, At present Ashtabhujee Mandir, Bhabua, P.S.- Bhabua, District- Kaimur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Pathak For the Opposite Party/s : Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Bhabua P.S.Case No.329 of 2018 (G.R.No.1094 of 2018) , registered for offences punishable under Sections 341, 323, 504, 506, 379 and 34 of the Indian Penal Code.

Allegation against the petitioner is that he has snatched Rs.60,000/- from the informant and also fired on the informant which did not hit anybody.

Submission of the learned counsel for the petitioner is that the informant has himself stated during the investigation that the nephew of Ajay Pandey has snatched the amount which he has mentioned in para 10 of the petition on oath and the allegation of firing is also false.

Patna High Court Cr.Misc. No.40600 of 2018 (2) dt.13-07-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhabua (Kaimur) in connection with Bhabua P.S.Case No.329 of 2018 (G.R.No.1094 of 2018) subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T