Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15373 of 2021 Arising Out of PS. Case No.-42 Year-2020 Thana- KHAIRA District- Saran ====================================================== PANKAJ KUMAR Son of Ram Dayal Mahto Resident of Village- Bintolia, P.S.- Chapra Muffasil, District- Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-07-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case registered for the offence punishable under section 396 of the Indian Penal Code and section 27 of the Arms Act.

As per prosecution case, six unknown accused persons boarded on motorcycle intercepted the informant and snatched his money on the point of pistol.

It is submitted on behalf of petitioner that petitioner is not named in the FIR. The name of the petitioner has come on the basis of confessional statement of co-accused. No incriminating article was recovered from the possession of the petitioner. Till date no TI Parade has been held. Petitioner is in

Patna High Court CR. MISC. No.15373 of 2021(2) dt.23-07-2021 2/2 custody since 22.05.2020. Investigation is complete. Learned counsel for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that T.I. Parade has not been held, this bail application is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Ruby Kumari, Judicial Magistrate Ist Class, Chapra, Saran/ concerned court in Khaira (Nagra) P.S. Case no. 42/2020 on the following conditions.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) s.hassan/- U T