Vidya Sagar Pandey @ Chulbul Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58513 of 2015 Arising Out of PS.Case No. -214 Year- 2014 Thana -BARUN District- - ====================================================== Vidya Sagar Pandey @ Chulbul Pandey Son of Late Murlidhar Pandey, Resident of Village-Mohanganj Barun, P.S.-Barun, District-Aurangabad. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Barun P.S. Case No. 214 of 2014 registered for the offences punishable under Sections 25 (1-B)a and 26 of the Indian Penal Code.

Allegedly, the miscreants committed loot on Keshav Ghat after opening fire resulting one person was found in unconscious condition and from there six live cartridges, one empty cartridge and at a distance one loaded pistol were recovered. Subsequently, the injured was identified as Vikas

Patna High Court Cr.Misc. No.58513 of 2015 (3) dt.03-03-2016 2/3 Kumar and the name of the petitioner transpires during investigation in the confessional statement of Vikas Kumar Singh and Rahul Kumar.

Submission is of false implication and that the petitioner was not caught at the spot and nothing has been recovered from his conscious possession and co-accused Vikas Kumar Singh has already been granted bail by the learned court below itself in the light of observation made in Criminal Miscellaneous No. 53465 of 2015 and as such, the petitioner who is suffering in custody since 07.08.2015, deserves sympathetic consideration to which the learned APP does not oppose.

In the facts and circumstances stated above, the petitioner, above named, is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Aurangabad, in connection with Barun P.S. Case No. 214 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the

Patna High Court Cr.Misc. No.58513 of 2015 (3) dt.03-03-2016 3/3 default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) ajaypd./- U T