High Court Patna High Court - Orders

Pankaj Kumar Gupta vs The State Of Bihar on 13 August, 2010

Patna High Court – Orders
Pankaj Kumar Gupta vs The State Of Bihar on 13 August, 2010
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Cr.Misc. No.18544 of 2010
Pankaj Kumar Gupta, Son of Vijay Prasad Gupta, Resident of
Village Nayabazar, Lakhisarai, Mohalla Pachana Road, Ward No. 22,
P.S. Lakhisarai, District Lakhisarai.
                                                ------- Petitioner
                               Versus
The State of Bihar                               ----- Opp. Party
                            -----------

3 13.08.2010 Heard learned counsel for the

petitioner and counsel for the State.

Earlier the prayer for bail of the

petitioner was rejected by order dated

14.12.2009 in Cr. Misc. No. 35955 of 2009

with a condition that the petitioner would be

released on bail only if he has got no

criminal antecedent.

Counsel for the petitioner would

submit that since there was only one criminal

case against the petitioner under Section 7

of the Essential Commodities Act, the

petitioner could not be released on bail

despite an order in his favour.

The petitioner is in custody since

29.7.2009 and has thus completed one year of

judicial custody.

Considering this aspect as also

keeping in view the earlier order of this

Court dated 14.12.2009 in Cr. Misc. No. 35955
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of 2009, this Court would direct for release

of the petitioner, namely, Pankaj Kumar Gupta

on bail on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of

the like amount each to the satisfaction of

Chief Judicial Magistrate, Lakhisarai in

connection with Lakhisarai P.S. Case No. 305

of 2009 (G.R. No. 668 of 2009), subject to

the following conditions:-

(i) The two bail bonds will be

furnished, one by the Government servant and

the other by a close family relative.

(ii) The petitioner will remain

present in course of trial on each and every

day and his absence even for a single day

would automatically entail the consequences

of cancellation of his bail.

(iii) The petitioner in case is now

made accused in any other criminal case

except one under Section 7 of the Essential

Commodities Act, as indicated above, that

would itself lead to cancellation of his

bail.

Subject to the aforementioned

conditions, the prayer for bail of the
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petitioner is allowed.

Rsh                            (Mihir Kumar Jha, J.)