Chhotu @ Shashi Kumar Pandey @ Sashi Shekhar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 56571 of 2022 Arising Out of PS. Case No.-258 Year-2012 Thana- BHAGWANPUR District- Vaishali ====================================================== CHHOTU @ SHASHI KUMAR PANDEY @ SASHI SHEKHAR Son of Awadhesh Pandey Resident of village - Chaubey Ambara, P.S.- Saraiya, District - Muzaffarpur at present village Ratanpura, P.S.- Bhagwanpur, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vaishnavi Singh For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner as well as learned APP for the State.
The petitioner apprehends his arrest in connection with Bhagwanpur P.S. Case No. 258 of 2012, registered for the offences punishable under Sections 341, 323, 326, 387, 504/34 of the Indian Penal Code and 27 of the Arms Act.
As per allegation, the named accused persons, including the petitioner, along with 5-6 unknown persons demanded ransom of Rs. 1 lakh from the informant. On protest, co-accused Sandeep Kumar Singh assaulted him with knife. The allegation against the petitioner is that he assaulted him with butt of the pistol. The learned counsel for the petitioner has submitted that other accused persons have been granted anticipatory bail. She has
Patna High Court CR. MISC. No. 56571 of 2022(2) dt.08-02-2023 2/2 submitted further that the petitioner was under impression that he was not sent up for trial. It was the reason of the delayed filing of the anticipatory bail petition. She has also submitted that still the process under Section 82 of the Cr.P.C. has not been issued. The investigating authorities recently issued requisition against the petitioner and after that he has filed his anticipatory bail petition. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 258 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.
The petitioner shall appear physically on each and every date after commencement of trial. If he fails to appear on two consecutive dates except unavoidable circumstances, his bail bond shall be cancelled.
(Nawneet Kumar Pandey, J) kundan/Nirmal U T