Alok Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51984 of 2019 Arising Out of PS. Case No.-49 Year-2019 Thana- DEO District- Aurangabad ====================================================== ALOK KUMAR PANDEY Son of Raj Nandan Ajad Resident of VillageParata, P.S.-Amba, District-Aurangabad (Bihar). ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Lal Bahadur Singh For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner in the present case is seeking regular bail in connection with Dev P.S. Case No. 49 of 2019 registered under Sections 124A, 171F, 386, 120B/34 of the Indian Penal Code and 17 of C.L.A. Act. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case and nothing incriminating article has been recovered from the possession of the petitioner. Learned counsel submits that similarly situated co-accused namely Dara Bhuiyan @ Raj Kishore Bhuiyan has been granted regular bail by learned coordinate Bench of this court in Cr. Misc. No. 50219/2019.

Patna High Court CR. MISC. No.51984 of 2019(3) dt.20-11-2019 2/3 Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances wherein the allegations against the petitioner that he is a member of Naxalite Group but similarly situated co-accused namely Dara Bhuiyan @ Raj Kishore Bhuiyan has been granted regular bail by learned coordinate Bench of this court in Cr. Misc. No. 50219/2019 and there being no other allegations of the involvement of the petitioner in commission of any offence save and except it is alleged that he was involved in making plan, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad (Bihar) in connection with Dev P.S. Case No. 49 of 2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected,

Patna High Court CR. MISC. No.51984 of 2019(3) dt.20-11-2019 3/3 of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U