Anil Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70343 of 2018 Arising Out of PS. Case No.-23 Year-2017 Thana- Phenhara District- East Champaran ====================================================== Anil Pandit, son of Asarfi Pandit @ Bhulan Pandit, Resident of VillageBakhari P.S.-Patahi, District-East Champaran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-12-2018 Heard Sri Ajay Kumar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 06-08-2018 in Phenhara P.S. Case No. 23 of 2017 registered for the offence under Section 379 of the Indian Penal Code, has prayed for grant of bail.
At the very outset, learned counsel for the petitioner submits that the petitioner was made accused in one another case i.e. Motipur (Muzaffarpur) P.S. Case No. 188 of 2017 for offence under Sections 413, 414 of the Indian Penal Code on an allegation of possessing of stolen motorcycle. In the said case, after being arrested, the petitioner was released on bail by an order passed by a co-ordinate Bench of this Court in Cr. Misc. No. 47336 of 2017 vide order dated 4-10-2017. The F.I.R. in the
Patna High Court Cr.Misc. No.70343 of 2018(2) dt.03-12-2018 2/2 present case i.e. Phenhara P.S. Case No. 23 of 2017 was registered against unknown and after the petitioner was released in another case, he has been arrested in the present case, as if, he was also involved in the present case.
In view of facts and circumstances, particularly the fact that in a case, which was instituted in the year 2017 itself, the petitioner was released on bail and he has been arrested in the case, which was lodged in the year 2017 against unknown, certainly the petitioner deserves to be released on bail in the present case.
Accordingly, let the petitioner, namely, Anil Pandit 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 learned A.C.J.M.-12, Motihari, East Champaran in connection with Phenhara P.S. Case No. 23 of 2017. (Rakesh Kumar, J.) nawalkrs/- U T