Ankit Pandey @ Ankit Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73412 of 2023 Arising Out of PS. Case No.-293 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== ANKIT PANDEY @ ANKIT KUMAR PANDEY SON OF JAI KISHOR PANDEY RESIDENT OF VILLAGE- MEENACHAK MANACHAK PSKOILWAR DISTT- BHOJPUR ... ... Petitioner/s
Versus
1.
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vipin Kumar Singh, Adv For the Opposite Party/s :
Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Koilwar P.S. Case No. 293 of 2023, registered for the offence punishable under section 399, 402 and 414 of the Indian Penal Code and 25(1-b)a, 26 and 35 of Arms Act.
3. As per the prosecution story, the police, upon secret information that the accused persons have assembled near Kulariah on Patna-Arrah Four lane, went to the place and apprehended the accused persons. Allegation against this petitioner is that upon search, country made pistol and two live cartridges were recovered . Accordingly, the FIR/arrest.
Patna High Court CR. MISC. No.73412 of 2023(2) dt.23-11-2023 2/3
4. Learned counsel for the petitioner submits that only to implicate the accused persons, a live cartridge/country made pistol has been assigned to each one of them, and he has already suffered by being in custody since 23.05.2023 (as stated in paragraph-09 of the bail application).
5. Learned APP for the State, on the other hand, submits that he has two criminal antecedents which shows that the allegations against him is true.
6. Taking into account the submissions put forward by the learned counsel for the petitioner as also the fact that he has remained in his custody since 23.05.2023, FIR has been lodged, ultimately he will be facing the trial, this Court is inclined to extend him privilege of bail.
7. Let the petitioner be released on bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM., Bhojpur at Ara in connection with Koilwar P.S. Case No. 293 of 2023 subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.73412 of 2023(2) dt.23-11-2023 3/3 before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) uttam/- U T