Chhotelal Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45344 of 2017 Arising Out of PS.Case No. -36 Year- 2017 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ====================================================== Chhotelal Kumar Pandit, Son of Uma Shankar Pandit, resident of VillageDerani, P.S.- Derani, Distt.- Saran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Section 393 of the Indian Penal Code.

The allegation relates to snatching of a motorcycle and bag.

Counsel for the petitioner submits that he has falsely been implicated in the instant case. In fact the informant taking advantage of local villagers has implicated him in this case due to some altercation on railway crossing. He further submits that prior to the instant case the petitioner has no criminal antecedent and he is in jail custody since 25.03.2017.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.45344 of 2017 (2) dt.20-09-2017 2/3 the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VII, Vaishali at Hajipur in Rajapakar P.S. Case No. 36 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is, he shall not be released on bail.

(iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case 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

Patna High Court Cr.Misc. No.45344 of 2017 (2) dt.20-09-2017 3/3 present on 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 date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T