Patna High CourtCR. MISC./71152/2019bail granted

Jitendra Pandey @ Jitendra Kumar Pandey v. The State Of Bihar

2019-12-18Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71152 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== JITENDRA PANDEY @ JITENDRA KUMAR PANDEY S/o Ranjit Pandey R/o village- Nichedhoura Kumar Dhubi, Nepali Line, P.S.- Chirkunda, District- Dhanbad (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 28.02.2019 in connection with Cheriyabariyarpur P.S.Case No. 30 of 2019 for the alleged offences under Sections 25(1-B)A, 26(I) (II) and 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of one loaded country-made pistol from his possession. In any event, similarly situated co-accused Gulab Kumar @ Golu, from whose possession also a country-made loaded katta was recovered, has been granted bail by this Court in Cr. Misc. 44710 of 2019. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the period of custody already suffered since 28.02.2019, let the petitioner above named be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.71152 of 2019(2) dt.18-12-2019 2/2 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions JudgeVI, Begusarai in S.Tr. No. 366 of 2019 arising out of Cheriyabariyarpur P.S. Case No. 30 of 2019, on the following conditions-- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That 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. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T