Pankaj Kr. Ram @ Pankaj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 3469 of 2019 Arising Out of PS. Case No.-419 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== Pankaj Kr. Ram @ Pankaj Ram, son of Fulsingh Ram, resident of village Nauka Tola PS Mairwa District Siwan ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sandesh Roy For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Mairwa P.S. Case No.419 of 2018 registered under Sections 379, 411 and 34 of the Indian Penal Code.

Petitioner along with two other accused persons are said to have stolen cash of Rs.1,55,000.00, one laptop, P.C. Computer, instruments of vehicle, samsung phone, computer scanner, three pieces of battery and one tape recorder of car by breaking open the lock of garage of the informant in the night. The petitioner and one Vicky Kumar Tiwary were apprehended and stolen battery of car and motorcycle were recovered from their possession and on their disclosure one PC desktop and tape

Patna High Court CR. MISC. No.3469 of 2019(3) dt.27-02-2019 2/3 were recovered.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has committed no offence and has no concern with the seized articles. He has been falsely implicated in this case. He has no criminal antecedent and has been languishing in custody since 28.10.2018.

Per contra, learned APP for the State vehemently opposing the bail petition submitted that the petitioner along with his two accomplices have stolen battery, cash and various articles after breaking open the lock of garage of the informant in the night and some of the stolen articles were recovered from possession of petitioner and his accomplice and on their disclosure. Witnesses in para-9 & 10 of the case diary have also corroborated the recovery of some of the stolen articles from the possession of the petitioner and Vicky Kumar Tiwary and on their disclosure.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for bail is hereby rejected.

However, the learned Trial Court is directed to conclude the trial as expeditiously as possible preferably within

Patna High Court CR. MISC. No.3469 of 2019(3) dt.27-02-2019 3/3 six months from the date of receipt/production of a copy of this order. Both the parties are expected to extend their co-operation in conclusion of the trial. The Superintendent of Police, Siwan is directed to ensure production of the witnesses in the case on each and every date fixed without fail.

Let a copy of this order be sent to the Superintendent of Police, Siwan for needful.

(Prakash Chandra Jaiswal, J) Trivedi/- U T