Pankaj Kapri @ Pankaj Kumar Kapri @ Pawan Kapri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15441 of 2023 Arising Out of PS. Case No.-564 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Pankaj Kapri @ Pankaj Kumar Kapri @ Pawan Kapri S/O Ramdeo Kapri Resident of Village- Shiv Nagar, P.S.- Runni Saidpur, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K. Agrawal, Sr. Advocate Mr.Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 392, 395, 412 of the Indian Penal Code. The prosecution case, in short, is that 3-4 miscreants forcefully entered in the vehicle of the informant and started assaulting. They thrown the informant from the vehicle and fled away with the vehicle of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.11.2022. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.15441 of 2023(2) dt.01-05-2023 2/2 present case. There is no chance of trial being concluded in near future. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case on the confessional statement of the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence. There is no recovery of any incriminating article from the possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Kanti P.S. case No.564 of 2022.

(Sudhir Singh, J) Narendra/- U T