Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10896 of 2024 Arising Out of PS. Case No.-213 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== Pankaj Kumar Son of Shambhu Yadav R/o vill - Ahiyapur, P.s. - Sahebganj, Distt. - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the Indian Penal Code.
3. As per FIR, informant alleged that six miscreants committed dacoity in his shop and taken away about 7 kg gold and 50 kg silver. It is further alleged that they have inflicted fire arm injury to him as well as his brother.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of other co-accused person, namely,
Patna High Court CR. MISC. No.10896 of 2024(2) dt.22-02-2024 2/2 Vivek Kumar(Mukund Ji) before the police and he has already been granted bail by this Court vide Annexure-2 of this petition. Nothing looted article has been recovered from the conscious possession of the petitioner and also he has not been put on TI Parade as yet. Moreover, he is languishing in judicial custody since 14.09.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chakia P.S. Case No. 213 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Motihari, East Champaran. (Sunil Kumar Panwar, J) Shubham/- U T