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Patna High CourtCR. MISC./18345/2021allowed

Pankaj Singh v. The State Of Bihar

2021-07-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18345 of 2021 Arising Out of PS. Case No.-203 Year-2020 Thana- DELHA District- Gaya ====================================================== Pankaj Singh Son Of Kishori Singh R/O Vill.- Kaler, P.S.- Magadh Medical, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Mishra For the Opposite Party/s :

Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Delha P.S. Case No. 203 of 2020 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegation against the petitioner is that petitioner in association with two other miscreants snatched Rs. 19000/- from the informant's pocket and fled away. It is alleged that on search from Rohit Rs. 7000/- and 20 pouch of heroin smack, from Shashi Kumar Rs. 6000/- and 15 pouch of heroin smack and from the possession of Pankaj Singh (petitioner) Rs. 6000/- and 10 pouch of heroin was recovered and seizure list was prepared.

Patna High Court CR. MISC. No.18345 of 2021(2) dt.29-07-2021 2/2 It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that for one alleged occurrence two F.I.R. has been lodged against the petitioner and other one is Delha P.S. Case No. 202 of 2020 under N.D.P.S. Act in which the petitioner has been granted bail by a co-ordinate Bench of this Court. He further submits that there is no eye witness of the alleged occurrence and the allegation against the petitioner is based on concocted and ornamental story. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has one criminal antecedent as has been mentioned in Para 3 of this bail petition and has been languishing in custody since 13.10.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Delha P.S. Case No. 203 of 2020.

(Anjani Kumar Sharan, J) GAURAV S./- U T