Pankaj Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2790 of 2025 Arising Out of PS. Case No.-63 Year-2024 Thana- KAMTAUL District- Darbhanga ====================================================== Pankaj Chaupal S/o- Late Shivlal Chaupal Resident of village - Gopalpur, P.s.- Kamtaul, Dist- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baidyanath Prasad, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in Kamtaul P.S. Case No. 63 of 2024, instituted for the offences punishable under Section 379 of the Indian Penal Code.

3.

The prosecution case, in short, is that, pick-up van bearing Registration No. BR07G-4859 loaded with DJ Dhamal Radha Sound was stolen away by unknown thief from the Darwaja of the informant.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.2790 of 2025(2) dt.24-01-2025 2/3 possession of the petitioner. Learned counsel for the petitioner further submitted that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement of co-accused, and the same has no evidentiary value. The stolen articles i.e. pick-up van including DJ sound box, etc. were recovered from the possession of coaccused, namely, Satish Kumar Paswan and Pradeep Mahto. No stolen articles have been recovered from the possession of the petitioner. No T.I parade has been conducted in this case. The petitioner has been remanded in this case on 28.03.2024 from Kamtaul PS Case No. 66 of 2024 and has got six criminal antecedents. Other co-accused has been granted bail by this Court vide order dated 24-07-2024, passed in Cr. Misc. No. 48628 of 2024.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.2790 of 2025(2) dt.24-01-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kamtaul P.S. Case No. 63 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T