IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19770 of 2010
SASHI NATH PANDEY @ SASHI KANT PANDEY
Versus
STATE OF BIHAR
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2. 16.6.2010. Heard learned counsel appearing on behalf
of the petitioner and the State.
Petitioner is in custody in connection
with Kadamkuan P.S.Case No.110 of 2010 for the
offence punishable under Sections 399/402, 414 of
the Indian penal Code, section 25 (1-b) A, 26 and
35 of the Arms Act.
Learned counsel for the petitioner, with
reference to the statement of allegation as set
out in the first information report, submits that
no case under either of the sections is made out
against the petitioner. He submits that the
recovery of the motor-cycle was not made from the
possession of the petitioner rather the motorcycle
was recovered from the possession of one Pintu
Paswan and this petitioner was standing near the
motorcycle. He submits that the admitted position
is that this petitioner was arrested from outside
the hotel and that the allegation of planning for
committing dacoity is not true. He further submits
that the petitioner has clean antecedent and has
never been involved in any criminal case and in
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support whereof he has filed a supplementary
affidavit. It is further submitted that the father
of the petitioner was admitted in the Hospital of
Dr. Akhileshwar Prasad for treatment near Nala
Road when he was arrested.
Having regard to the submissions
aforesaid, let petitioner Shashi Nath Pandey alias
Shashi Kant Pandey be released on bail on
furnishing bail bond of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the
satisfaction of the Chief Judicial Magistrate,
Patna in connection with Kadamkuan P.S.Case
No.110 of 2010, subject to the following
conditions, (a) that one of the family members of
the petitioner would stand as bailors for the
petitioner and who would also indicate his/her
relationship with the petitioner, (b) that the
petitioner would file an affidavit before the
court below regarding his clean antecedent and
which shall be verified and if the same is found
false, learned court below would be at liberty to
initiate proceedings for cancellation of his bail
bond and for taking him into custody, (c) that if
the petitioner is found to be involved in any
other case of same nature, the bailor would be
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under duty to inform the said event to the court
concerned entitling the court below to initiate
proceedings for cancellation of his bail bond and
for taking him into custody, (d) that the
petitioner would be attending the court below on
each and every date fixed in the case and failure
on his part to attend the proceedings on two
consecutive dates fixed without reasonable
explanation to the satisfaction of the court
below, would confer liberty on the court concerned
to initiate proceedings for cancellation of his
bail bonds and for taking him into custody.
ahk (Jyoti Saran, J.)