Pankaj Kumar @ Pankaj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 11125 of 2024 Arising Out of PS. Case No.-16 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== Pankaj Kumar @ Pankaj Kumar Singh Son of Ramnath Singh Resident of Village- Pakra, P.S.- Naugachia, Dist.- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar For the Opposite Party/s :
Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Naugachia P.S. Case No. 16 of 2023 registered on 24.01.2023 lodged under Sections 395, 412, 414 of the I.P.C. and 25(1-b)a/26 of the Arms Act.
3. As per the prosecution case, F.I.R. has been lodged against five unknown accused persons to whom allegation is of committing dacoity in the bank
4. Counsel for the petitioner submits that petitioner is alleged to be identified in the C.C.T.V. Footage but in T.I.P. petitioner has not been identified by the informant and nothing incriminating has been recovered against the petitioner.
5. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner
2/4 is in custody since 27.09.2023 having ten criminal case pending against him, in which he is on bail. Counsel further submits that two of the accused persons has been granted bail by co-ordinate Benches of this Court vide order dated 08.02.2023 in Cr.Misc. No. 49629 of 2023 and vide order dated 08.01.2024 vide Cr. Misc No. 84360 of 2023.
6. Learned counsel for the State opposes the prayer for bail and submits that petitioner is involved in bank dacoity and looted amount of Rs. 9,27,000/-.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge if not framed yet and on being satisfied by the trial Court that he is not absconding in any of the criminal cases pending against him which is mentioned below and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 1st Naugachia, Bhagalpur in connection withNaugachia P.S. Case No. 16 of 2023, subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his
3/4 bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. • Parbatta P.S. Case No. 21/2021 • Naugachia P.S. Case No. 220/2021 • Naugachia P.S. Case No. 215/2021 • Dholbazza (Kadwa)P.S. Case No. 09/2021 • Kahalgao P.S. Case No. 155/2023 • Naugachia P.S. Case No. 416/2021 • Naugachia P.S. Case No. 332/2023 • Khagaria P.S. Case No. 207/2022
4/4 • K Hat P.S. Case No. 1115/2021 • Alwar Kotwali P.S. Case No. 773/2021 (Dr. Anshuman, J) Sunnykr/- U