Santosh Pandey v. The State Of Bihar

CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 20-04-2012 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence punishable under sections 302, 326, 307 and 120B and 34 of the Indian Penal Code and section 27 of the Arms Act. It is stated that the petitioner is not named in the first information report. In the first information report Sanjay Yadav, Sikandra paswan and Sudharsan Kahar were made named accused apart form one unknown person. In course of investigation statement of the informant under section 164 Cr.P.C. was recorded. In the first information report it has been alleged that co- accused Sanjay Yadav fired at the informant whereas one another co-accused fired at Arif Khan, the deceased. In the statement recorded under section 164 Cr.P.C. the informant has alleged that it was co-accused Manish who fired at the chest of the deceased.

The name of the petitioner transpired in course of investigation. Patna High Court Cr.Misc. No.16238 of 2012 (2) dt.20-04-2012 Another co-accused Sudarshan Kahar @ Sudarshan Singh who is named in the first information report has already been granted anticipatory bail by order dated 5.1.2012 passed in Cr.Misc. No.308 of 2012 by another Bench of this court. It is contended that in any case, the case of the petitioner stands on better footing to that of the co-accused named in the first information report who has been granted anticipatory bail. Be that as it may, considering the facts and circumstances of the case the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Obra P.S. Case No. 153 of 2011 subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that he shall remain present before the court on the dates fixed for hearing of the case.

If he wants to remain absent, then he shall take prior permission of the court and in case of compelling and Patna High Court Cr.Misc. No.16238 of 2012 (2) dt.20-04-2012 unavoidable circumstances for remaining absent, he shall immediately inform the court and request that he may be permitted to be present through counsel (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this court. (Ashwani Kumar Singh, J) Md.S./-