Allowed

Yogendra Pandit v. The State of Bihar

Patna HC12 Nov 2024CR. MISC./28377/2024

Case brief

AI extract

What is this about?

Bail application under the Arms Act arising from recovery of a country-made revolver and cartridge from the petitioner's vehicle. Considering nine months' custody and submission of charge-sheet despite criminal antecedents, the Court granted bail subject to conditions including attendance at trial and police station reporting.

What did the court decide?

Petitioner released on bail on Rs.10,000 bond with two like sureties, subject to conditions including family-member surety, fortnightly police attendance, and no witness tampering.

Yogendra Pandit Vs The State of Bihar — Bail and Remand | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28377 of 2024

¶2

Arising Out of PS. Case No.-113 Year-2024 Thana- GOPALGANJ TOWN District-

¶3

Gopalganj

¶4

======================================================

¶5

Yogendra Pandit S/O Late Gokhula Pandit R/O Vill. - Bhitbherba (Banjaria), P.S - Gopalganj Town, Distt. - Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satya Ranjan Sinha, Adv. For the Opposite Party/s : Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

¶10

ORAL ORDER

¶11

6 12-11-2024 Heard the parties.

¶12

The petitioner is in custody in connection with

¶13

Gopalganj P.S. Case No. 113 of 2024 for the offence punishable under sections 25(i-b)(a), 26 of the arms act lodged on 11.02.2024 by the informant, Mankeshwar Mahto.

¶14

As per the prosecution story, on confidential information, the Safari vehicle of the petitioner was searched and thereafter, from his possession, one country made revolver and empty cartridge as also one Apple mobile recovered/seized.

¶15

It is the case of the petitioner that he was washing

¶16

his vehicle at the service station when the police came and arrested him, the people present there opposed but despite, nothing recovered from the vehicle, the present case. It is his

¶17

Patna High Court CR. MISC. No.28377 of 2024(6) dt.12-11-2024 2/3

¶18

case that only because number of criminal cases against him, he has been implicated, is in custody since 13.02.2024 (para 17 of the petition).

¶19

Learned APP opposes the prayer for bail submitting that he has number of cases under his belt.

¶20

Taking into account the facts of the case as also the submission of learned APP, though the criminal antecedents are there, in the present case, he has remained in custody for almost nine months, charge-sheet already submitted, in that background, this Court deems it fit and proper to to extend him the privilege of bail with conditions.

¶21

In case, the number of criminal antecedent of the petitioner is more than what has been incorporated in paragraph 3 of the petitioner, the order shall become infructuous.

¶22

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj P.S. Case No. 113 of 2024 subject to the following conditions:

¶23

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

¶24

Patna High Court CR. MISC. No.28377 of 2024(6) dt.12-11-2024 3/3

¶25

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

¶26

(iii) the petitioner shall appear before the concerned police station every fortnight for one to mark his attendance;

¶27

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

¶28

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

¶29

(Rajiv Roy, J)

¶30

Vijay Singh/-

¶31

U T

Yogendra Pandit v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Yogendra Pandit v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Firoj Alam Vs The State of Bihar

Amit Kumar Thakur Vs The State Of Bihar

Mannu Yadav @ Manua Vs The State of Bihar

Md. Niyaz Ali @ Neyaz Ali Vs The State of Bihar

Chandan Rishi Vs The State of Bihar

Ajeet Kumar @ Ajit Kumar Vs The State of Bihar