Patna High CourtCR. MISC./11646/2018bail granted

Dilip Pandey v. The State Of Bihar

2018-04-05Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.11646 of 2018 (3) dt.05-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11646 of 2018 Arising Out of PS.Case No. -65 Year- 2016 Thana -LAXMIPUR District- JAMUI ====================================================== Dilip Pandey, son of Sudhir Pandey, Resident of Village- Kala, P.S.- Laxmipur, District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Ram Sumiran Rai, Advocate For the Opposite Party : Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-04-2018 Heard counsel for the petitioner and the State. Petitioner is an accused in a case registered for offence under sections 341, 323, 307, 302/34 IPC.

Learned counsel for the petitioner submits that the informant and the petitioner are agnates and there is subsisting land dispute between them and a partition suit is pending between the parties. He submits that there was no intention of the petitioner to cause death. It is also submitted that the case has been compromised and this Court while disposing of the two anticipatory bail applications of the petitioner, namely, Cr.Misc.No. 34359/2016 & 31344/2017 vide orders dated 15.9.2016 and 20.9.2017 respectively observed that in case of his surrender the petitioner may seek regular bail. Petitioner is in custody since 17.11.2017 having no criminal antecedent. Considering the aforesaid submissions, prayer for bail of

Patna High Court Cr.Misc. No.11646 of 2018 (3) dt.05-04-2018 the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Amrendra Kumar, Judicial Magistrate 1st class, Jamui in Laxmipur Police Station Case No. 65 of 2016 on the following conditions:- (a) 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.

(b) 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) Shashi.

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