A single judge granted pre-arrest bail to the petitioner under Section 438 Cr.P.C., noting that other co-accused had already been granted similar bail by this Court.
Directing petitioner to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50554 of 2015
Arising Out of PS.Case No. -563 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI (HAJIPUR)
====================================================== Ajay Kumar Pandey, son of Late Damodar Pandey, resident of 141/ B.T. Road, Gopi Sharan, Room No.-7 Denlop, Near Gurudwara, P.S.- Bara Nagar, Kolkata- 700108, West Bengal.
.... .... Petitioner
Versus
.... .... Opposite Parties
====================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 05-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Complaint Case No. 563/2014 registered under Sections 406, 420 and 120-B of the Indian Penal Code.
It is contended that co-accused Ravi Nitesh Pandey
Patna High Court Cr.Misc. No.50554 of 2015 (2) dt.05-11-2015
2 / 3
@ R. Nitesh @ Ravi Nitesh and Birendra Kumar Singh have already been granted anticipatory bail by different orders passed by different Benches of this Court. Mr. Ravi Nitesh Pandey @ R. Nitesh @ Ravi Nitesh has been granted bail vide order dated 14.08.2015 passed in Cr. Misc. No. 30702 of 2015, whereas Birendra Kumar Singh has been granted bail vide order dated 30.09.2015 passed in Cr. Misc. No. 28122 of 2015. It is further contended that another co-accused Subodh Kumar Verma has also been granted bail by a Bench of this Court vide order dated 30.09.2015 passed in Cr. Misc. No. 28268 of 2015. A web copy of the aforesaid orders has been produced by the learned counsel for the petitioner in course of argument. Let the same be kept on record. It is contended that the case of the petitioner stands on identical footing to that of other co-accused persons who have already been granted anticipatory bail by this Court.
Learned counsel for the State does not dispute this fact.
For the reasons recorded in the aforesaid orders, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.50554 of 2015 (2) dt.05-11-2015
3 / 3
satisfaction of the learned Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No. 563/2014 subject to the conditions as laid down under Section 438(2) Cr. P.C.
P.C.
(Ashwani Kumar Singh, J.)
Sanjeet/U T
1 issue framed by the court
Whether grant of bail to co-accused warrants grant of anticipatory bail to the petitioner under Section 438 Cr.P.C.
1 provisions across 1 enactments
Ajay Kumar Pandey
The State of Bihar
Baidyanath Prasad Chourasia
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
