Arun Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15543 of 2016 Arising Out of PS.Case No. -48 Year- 2010 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Arun Pandit Son of Suresh Pandit Resident of Village : Nawagarhi, P.S.: - Munger Muffasil, District - Munger, Bihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiv Prasad Gupta For the Opposite Party/s : Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner and some others were found sitting in the stolen vehicle and, subsequently, they were caught and the present case was registered for the offence punishable under section 414, 420, 120B, 328/34 of the Indian Penal Code against the petitioner and some others.

Contention on behalf of the petitioner is that coaccused Dilip Kumar Singh and Md. Afsar Ahmad, who were caught along with petitioner, have already been granted privilege of bail by different Benches of this Court whereas petitioner is in jail custody since 4.3.2016.

From perusal of the impugned order, I find that

Patna High Court Cr.Misc. No.15543 of 2016 (2) dt.19-04-2016 2/2 petitioner was remanded in the present case on 14.2.2010 but on the strength of production warrant he was sent to Khandua (M.P) to face trial in a criminal case in which he was convicted and sentenced for life imprisonment. However, he has already been granted bail in that case by the appellate court. No doubt, petitioner appears to be convicted and sentenced for life imprisonment but in the present case, he has already suffered by remaining in jail custody for more than six years and having similar allegation, some co-accused are enjoying the privilege of bail.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned VI Additional Sessions Judge, Bhojpur at Ara ( Bhojpur) in connection with session trial no. 350 of 2010 arising out of Ara Town P.S.Case No. 48 of 2010, subject to condition that one of the sureties must be father of the petitioner. (Hemant Kumar Srivastava, J) N.K/- U T