Prakash Kumar Pandey @ Om Prakash Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46458 of 2018 Arising Out of PS.Case No. -400 Year- 2017 Thana -BARACHATTI District- GAYA ======================================================
1. Prakash Kumar Pandey @ Om Prakash Pandey S/o Vijay Pandey Resident of Village Cherki, P.S. - Sherghati, Distt. - Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2018 The petitioner is apprehending his arrest in connection with Barachatti P.S. Case No. 400/17 (G.R. No. 1329/2017) registered for offences punishable under Sections 302 and 201 of the Indian Penal Code.
Allegation against the petitioner and others is of committing murder of the deceased and disposing of the dead body.
It has been submitted on behalf of the petitioner that petitioner is not named in the F.I.R. and his name has been dragged in this case only on the confession of co-accused Bablu@Vikash. Further there is no allegation against the petitioner is of committing murder and at best the allegation is only that he helped co - accused person in disposing the dead body
Patna High Court Cr.Misc. No.46458 of 2018 (3) dt.19-09-2018 2/3 of the deceased.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Sherghati, Gaya, in connection with Barachatti P.S. Case No. 400/17 (G.R. No. 1329/2017), subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the
Patna High Court Cr.Misc. No.46458 of 2018 (3) dt.19-09-2018 3/3 prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T