Nisi Kant Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34471 of 2017 Arising Out of PS.Case No. -51 Year- 2017 Thana -SIKANDARA District- JAMUI ======================================================
1. Nisi Kant Pandey Son of late Umakant Pandey, Resident of VillageLachhaur, P.S. Sikandra, District-Jamui. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 17.05.2017 in connection with Sikandra P.S. Case No. 51/2017 for offences punishable under Sections 302/120-B/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that her uncle was found dead lying in a hut. It is alleged that four accused persons named in the First Information Report have fraudulently transferred his land as he had no inheritable heir and the petitioner along with one another has been alleged to have
Patna High Court Cr.Misc. No.34471 of 2017 (3) dt.08-09-2017 2/3 conspired in registration of the said land.
It has been submitted by the learned counsel for the petitioner that he is innocent, the occurrence has not been seen by any one and he has been implicated only on the basis of suspicion. He submits that co-accused, who conspired to get the deed registered in their favour, have been granted privilege of bail by coordinate Bench of this court in Cr. Misc. No. 30538 of 2017 on 06.07.2017. He further submits that the dead body was traced out after three days.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 Addl. Chief Judicial Magistrate-II, Jamui, in connection with Sikandra P.S. Case No. 51/17, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/ court, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear
Patna High Court Cr.Misc. No.34471 of 2017 (3) dt.08-09-2017 3/3 before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T