Bharat Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84711 of 2023 Arising Out of PS. Case No.-166 Year-2023 Thana- BUXAR District- Buxar ====================================================== Bharat Pandey S/o Radhe Shayam Pandey R/o vill.- Basamanpur, P.S.- Sikraul, Dist.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Kamal Deo Sharma, Adv.
For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Buxar Nagar P.S. Case No. 166 of 2023 lodged under Section 392 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against three unknown accused persons against whom the allegation of robbery is there.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that nothing incriminating has been recovered from the possession of the petitioner and petitioner was not put on T.I.P.. He further submits that name of petitioner has figured in this case by virtue of confessional statement of co-accused. He
Patna High Court CR. MISC. No.84711 of 2023(2) dt.10-01-2024 2/3 further submits that at the instance of police, the name of petitioner has come in the case diary only and only due to the reason that antecedent of the petitioner is not clean.
5. Counsel further submits that there are seven criminal cases pending against the petitioner in which he is on bail in five cases and in rest two cases, he is persuading for bail. He submits that petitioner is in custody since 19.09.2023.
6. Learned counsel for the State opposes the prayer for bail.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Buxar Nagar P.S. Case No. 166 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.84711 of 2023(2) dt.10-01-2024 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (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. (Dr. Anshuman, J.) Prakashmani/- U T