The Patna High Court granted anticipatory bail to petitioners summoned under Section 319 Cr.P.C., directing them to appear within four weeks and furnish a bond of Rs. 10,000 each with two sureties.
Directed to be enlarged on bail by furnishing bond of Rs. 10,000 each with two sureties within four weeks of the order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4257 of 2015
Arising Out of PS.Case No. -14 Year- 2007 Thana -ASAWAN District- SIWAN ====================================================== 1. Rajesh Kumar Pandey, Son of Daya Shankar Pandey 2. Pankaj Kumar Pandey, Son of Brij Mohan Pandey, Both are residents of Village - Pachbeniya, P.S. - Asaon, Distt.- Siwan .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance: For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
ORAL ORDER
The petitioners, Rajesh Kumar Pandey and Pankaj Kumar Pandey, apprehend their arrest in Asaon P.S. Case No. 14/2007 registered under Section 302 and other sections of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioners submits that the petitioners were granted bail vide order passed in Cr. Misc. No. 30390 of 2007. The police, after investigation, submitted final form. The learned Chief Judicial Magistrate accepted the final form. The informant preferred revision / criminal case but the same was rejected as no illegality was found in the order accepting final form. Other accused persons were put on trial and, during the
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course of trial, some of the prosecution witnesses were examined. On the evidence of the prosecution witnesses, the petitioners were summoned to face trial under Section 319 Cr.P.C.
Learned counsel for the informant has submitted that the petitioners have already been granted bail; therefore, no question arises for grant of anticipatory bail.
On perusal of the records, it appears that the petitioners were granted bail on the basis of the materials collected during the course of investigation. Final form was submitted finding the case false against the petitioners and the petitioners were not sent up for trial. Final form was accepted but during the course of trial, the petitioners were again summoned to face the trial.
Having considering the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Ad hoc Additional Sessions Judge V, Siwan in Sessions Trial No. 119 of 2010, arising out of Asaon P.S. Case No. 14/2007, subject to the conditions as laid down under
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Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J)
Dilip/-
U T
1 issue framed by the court
Whether petitioners previously granted bail and summoned under Section 319 Cr.P.C. are entitled to further anticipatory bail.
4 provisions across 3 enactments
Rajesh Kumar Pandey
Pankaj Kumar Pandey
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
