Vijay Prakash Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49607 of 2019 Arising Out of PS. Case No.-115 Year-2018 Thana- NAUHATTA District- Rohtas ====================================================== Vijay Prakash Pandey Son of Vinay Pandey @ Binay Pandey Resident of Village-Tetaria (Tetrahi), P.S.-Simra, District-Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13, Advocate Mr. Rohit Kumar, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in Nauhatta P.S. Case No. 115 of 2018 corresponding to Sessions Trial No. 139 of 2019, registered for the offences punishable under Sections 394, 307, 326 and 401 of the Indian Penal Code and sections 25(1-b)a, 26, 27 and 35 of the Arms Act.

From possession of this petitioner, two live cartridges were recovered.

It is submitted by learned counsel appearing on behalf of petitioner that petitioner has falsely been implicated in this case. Nothing has been recovered from possession of this petitioner. Charge-sheet has already been submitted. Petitioner

Patna High Court CR. MISC. No.49607 of 2019(3) dt.06-11-2019 2/2 is in custody since 05.10.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Rohtas at Sasaram in connection with Nauhatta P.S. Case No. 115 of 2018 corresponding to Sessions Trial No. 139 of 2019, subject to the following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T