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.)
