Sumit Kumar Pandey @ Prince Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45295 of 2014 Arising Out of PS.Case No. -214 Year- 2013 Thana -DARAUNDA District- SIWAN ====================================================== Sumit Kumar Pandey @ Prince Kumar Pandey Son of Sri Uday Narayan Pandey resident of Village - Basahi, P.S. - Janta Darbar, Post - Basahi, District - Saran at Chapra.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Naresh Dikshit, Adv For the Opposite Party/s : Mr. Anand Kishore Choudhary(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 07-05-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation against the petitioner for the offence punishable under Sections392 of the Indian Penal Code and that the implication of the petitioner is based on mere conjectures and that the petitioner also has got no criminal antecedent, if the petitioner namely, Sumit Kumar Pandey @ Prince Kumar Pandey, surrenders within a period of four weeks from today, he would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court Cr.Misc. No.45295 of 2014 (2) dt.07-05-2015 C.J.M. Siwan in connection with Daraunda P.S. Case No. 214 of 2013, subject to the conditions laid down under Section- 438 (2) Cr. P.C and also subject to the following conditions:- (i) That the court below shall make verification of criminal antecedent of the petitioner and if it is found that he is accused in any other criminal case, he shall not be granted bail and would be taken into custody.
(ii) That both the bailors will be close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.
(iii) That the bailor shall also state on affidavit that they will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case
Patna High Court Cr.Misc. No.45295 of 2014 (2) dt.07-05-2015 and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.
(iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone. (Mihir Kumar Jha, J) Ranjan/- U