Shailendra Pathak @ Sailendra … vs The State Of Bihar on 16 November, 2010

Patna High Court – Orders
Shailendra Pathak @ Sailendra … vs The State Of Bihar on 16 November, 2010
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Cr.Misc. No.24695 of 2010
SHAILENDRA PATHAK @ SAILENDRA KUMAR PATHAK, SON OF SRI BASISTH
NARAIN PATHAK, RESIDENT OF MOHALLA BUDHIJIVI COLONY, P.S. - BEUR,
DISTRICT - PATNA.
                                                 ----- PETITIONER.
                              Versus
THE STATE OF BIHAR                           --- OPPOSITE PARTY.
                             -------

04. 16.11.2010 Heard learned counsel for the petitioner

and learned Additional Public Prosecutor for

the State who is armed with carbon copy of the

case diary up to paragraph 52 dated 28.05.2010.

Petitioner is solitary named accused in

this case, but only on disclosure of one Mohan

Prasad, owner of the shop in question from

where some medicines were recovered, who at the

time of raid disclosed that petitioner is his

tenant for the shop and also received papers

who are so called tenant, the papers, however,

indicate that he has received copy of the

seizure list for his tenant Laxhman Choudhary

(non-petitioner). Learned Additional Public

Prosecutor fairly concedes that in the case

diary, there is absolutely nothing to show that

petitioner was tenant of the premises.

Considering the facts and circumstances

of the case, in the event of his

arrest/surrender before the court below within

four weeks of receipt of the copy of this
-2-

order, petitioner, namely, Shailendra Pathak

alias Sailendra Kumar Pathak, is directed to be

released 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, Patna, in connection

with Pirbahore P.S. Case No. 515 of 2009,

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 on each and

every date at least for two years or till

disposal of the case whichever is earlier, in

case of failure on two consecutive dates, the

liberty shall be deemed to be cancelled.

Rajeev/                                    (Akhilesh Chandra, J.)
 

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