Kunj Bihari Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77828 of 2018 Arising Out of PS. Case No.-66 Year-2018 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Kunj Bihari Pandey son of Balmukun d Pandey, resident of village- olpura, P.S. Ghogha , Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr.Sri Akshay Lal Pandit (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Mojahidpur P.S. Case No. 66 of 2018 registered for the offences punishable under Sections 392 and 411 of the Indian Penal Code.

Allegation against petitioner is recovery of looted mobile from his possession.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. The alleged looted mobile was purchased by him from one Md. Ladla after paying consideration amount of Rs. 4500/-. Petitioner has no criminal antecedent and is in custody since 14.09.2018.

Patna High Court Cr.Misc. No.77828 of 2018(2) dt.03-01-2019 2/2 Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur, in connection with Mojahidpur P.S. Case No. 66 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T