IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15755 of 2011
Prakash Pandey @ Prakash Kumar Pandey, S/o Sri Kaushal
Kishore Pandey, resident of Village Pachrukhiya, P.S. Koilwar,
District Bhojpur.
-------Petitioner
Versus
The State Of Bihar
-----Opposite Party
----------------
03/- 23.09.2011 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State, who is armed with carbon copy of the
case diary up to paragraph nos. 75 dated 30.03.2011.
The petitioner apprehending his arrest in connection
with a case registered for the offence punishable under Section
420, 406, 323, 504/34 of the Indian Penal Code, is one of the two
named accused in this case with allegation of issuing a receipt of
receiving substantial amount but by co-accused, who as submitted,
has already been granted the privilege by a Bench of this Court
vide order dated 19.05.2011 passed in Cr. Misc. No. 15647 of
2011. That apart, submission is that from the very paragraph of
the First Information Report itself, it is evident that whatever
money was paid, was paid to co-accused Surendra Sharma, not to
this petitioner and subsequent document said to have been
executed by the father of the petitioner regarding a sum of Rs. 5.20
lacs (five lacs twenty thousand only) is as evident related with
another transaction.
Considering the facts and circumstances of the case, in
the event of his arrest/surrender before the court below within four
weeks, let the above named petitioner be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two
sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Bhojpur, Ara, in connection with Koilwar P.S.
Case No. 34 of 2011, subject to condition laid down under Section
438(2) of the Criminal Procedure Code with additional condition
to remain physically present before the court below till disposal of
the case and in case of failure on two consecutive dates, without
giving any reasonable explanation, the liberty granted shall be
deemed to be cancelled.
( Akhilesh Chandra, J.)
Praveen/-