Pintu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21331 of 2018 Arising Out of PS.Case No. -71 Year- 2011 Thana -SIMULTALA District- JAMUI ====================================================== Pintu Ray, son of Sarbsachi Ray, resident of village Karna, P.S.- Simultalla, District- Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody on his remand since 22.03.2014 in connection with Sessions Tr. No.149 of 2017 arising out of Simultalla P.S. Case No.71 of 2017(G.R. No.2046/2011) registered for the offence under Section 326/34 of the Indian Penal Code and Section 3/4 of the Explosive Substances Act.

It is submitted that since the alleged occurrence is said to have taken place in the Khalihan, the role of the petitioner could be excluded. It is further submitted that originally the petitioner was not named in the accused column, but subsequently, it was brought there and save and except the statement of the Chaukidar, there is no further material in the case diary.

Having considered the entire facts and

Patna High Court Cr.Misc. No.21331 of 2018 (3) dt.08-05-2018 2/2 circumstances of the case and that there is no further material in the case diary, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J., F.T.C. 1st, Jamui, in connection with Sessions Tr. No.149 of 2017 arising out of Simultalla P.S. Case No.71 of 2017(G.R. No.2046/2011), subject to the following conditions :

(1) One of the bailors will be the father of the petitioner.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T