Patna High CourtCR. MISC./54874/2018bail granted

Makeshwar Pandey v. The State Of Bihar

2018-09-07Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54874 of 2018 Arising Out of PS.Case No. -293 Year- 2017 Thana -HISUWA District- NAWADA ====================================================== Makeshwar Pandey S/o Laxmi Pandey, R/o Vill.- Kumar, P.S.- Sikandra, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Prasad, Advocate For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 414 of the Indian Penal Code and 25 (1-b) a, 26, 35 of the Arms Act. Learned Counsel for the petitioner submits that the only difference between the case of Suraj (co-accused) and the petitioner is that from the petitioner two cartridges were recovered along with pistol whereas from co-accused Suraj, three cartridges were recovered along with pistol. The co-accused Suraj has already been allowed bail in Cr. Misc. No. 39584 of 2018. He prays that petitioner may also be granted bail maintaining parity with said Suraj (co-accused). Petitioner is in custody since 20.12.2017.

Learned APP has opposed the prayer for bail.

Patna High Court Cr.Misc. No.54874 of 2018 (2) dt.07-09-2018 2/2 Considering the submissions of the petitioner, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Hisua P.S. Case No. 293 of 2017 subject to the conditions : (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T